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1. Midlane v Woodberg [2013] NZIACDT 31 (27 May 2013) [pdf, 152 KB]

   ...consider that any lapse reaches the threshold for an adverse disciplinary finding. [100] Accordingly, this ground of complaint will be dismissed. The potential that Ms Woodberg was a party to an unlicensed person providing immigration advice. [101] Ms Woodberg has provided three responses to the potential finding she was a party to Mr Woodberg providing immigration advice unlawfully: [101.1] It is not possible for this Tribunal to make a finding, as such conduct would be a criminal o...

2. MSC v Scholes [2013] NZIACDT 71 (25 November 2013) [pdf, 167 KB]

   ...section 51(1)(g) is expressed widely as covering “all or any of the costs or expenses of the investigation, inquiry, or hearing”. The jurisdiction also covers the costs of any related prosecution, though that does not arise in the present case. [101] The Registrar suggested this was more limited than the jurisdiction under the Law Practitioner’s Act. It is difficult to see any reason for that. They are both expressed as wide permissive powers, no doubt constrained by the well-known...

3. [2017] NZEmpC 30 Lumsden v Skycity Management Ltd [pdf, 222 KB]

   ...2015 Chilton v Rutherford Street Kindergarten Inc [2015] NZERA Christchurch 141 $3,000 Breach by employer –certificate of service provided late and was defective. 20 October 2015 Bidvest New Zealand Ltd v Vivian [2015] NZERA Wellington 101 $3,000 Breach by employee – breach of confidentiality through Facebook post. 22 October 2015 Taylor v First Aid Specialists Ltd [2015] NZERA Wellington 103 $500 Breach by employer – non-payment of settlement sum. 20 May 2016 Lav...

4. SK and RM v GJ LCRO 36/2015 (14 December 2016) [pdf, 252 KB]

   ...lawyer in practice on his or her own account must ensure that the conduct of the practice … and the conduct of the employees is at all times competently supervised and managed by a lawyer who is qualified to practice on his or her own account. [101] Registered legal executives have become indispensible employees in many law firms. Becoming a registered legal executive involves undertaking a course of study approved by the Council of Legal Education, and includes passing examinations...

5. TH v CY LCRO 32/2014 (14 October 2016) [pdf, 94 KB]

   ...[100] Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is reversed. The practitioner is found to be guilty of unsatisfactory conduct pursuant to s 12(c) of the Act. 19 Orders [101] The practitioner is ordered to pay $1,200 costs, this sum is to be paid to the New Zealand Law Society within 30 days of the date of this decision. DATED this 14th day of October 2016 _____________________ R Maidment Legal Co...

6. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...[100] A lawyer must consider the possible implications of Rule 5.11, the moment they are alerted to the possibility of a claim. When the lawyer becomes aware that a client may (emphasis added) have a claim, Rule 5.11 comes immediately into play. [101] A practitioner’s conviction (as was the case here) that the clients’ complaint lacked merit, does not absolve the practitioner of the responsibility to consider whether Rule 5.11 applies. In circumstances where the complaint raised is...

7. LCRO 152/2017 CS v GB (22 May 2018) [pdf, 248 KB]

   ...discourteous, and unprofessional.28 (b) Discussion [100] Ms TC claims that Mr GB spoke to her and Mr CS during the meeting on 23 March 2017 in “a very abrupt, heated way”. She says Mr GB did not treat Mr CS “fairly or respectfully”. [101] For his part, Mr GB says he was “angered” by Ms TC’s “accusation that [he] was colluding with Ms PH” which he regarded as “impugn[ing] his integrity”. He says he then “terminated the meeting” and “could no longer...

8. [2018] NZEnvC 060 Sabatier v Auckland Council [pdf, 5 MB]

   ...the added guidance of matters applied to the determination of an application for an interim injunction, which the courts have found to be essentially of the same nature as interim enforcement applications. (Walden v Auckland Council [1992] NZRMA 101 ; Bray v NZTA [2016] NZEnvC 254). The court is to consider:6 (a) whether there is an arguable (or prima facie) case; (b) what is the balance of convenience for grant/refusal; and (c) what the overall justice of the case is. Mediation...

9. BORA Electoral Finance Bill [pdf, 444 KB]

   ...Election advertisements that promote a party or candidate may only be published by the financial agent of that party or candidate (clauses 55, 60 & 82). Third party election activity must be authorised by the third party's financial agent (clause 101). 5.3 Third party election activity that is subject to regulation includes, in addition to advertising in support of or in opposition to a party or candidate, advertising in support of or in opposition to a type of party or candidate...

10. LCRO 159/2014 AB and RJ v OC and BR [pdf, 209 KB]

    ...incorporated firm, or any employee or former employee of the practitioner or incorporated firm, to pay to the complainant any costs or expenses incurred by the complainant in respect of the inquiry, investigation, or hearing by the Standards Committee. [101] The ability of a Committee to compensate a party under s 156(1)(o) of the Act, is confined to costs and expenses incurred by the complainant in respect of the inquiry, investigation or hearing by the Standards Committee. 16 [...