Search Results

1. LCRO 104/2018 CJ v MV (28 February 2020) [pdf, 189 KB]

   ...was necessary, advised Mr CJ accordingly, and moved on to other things. [100] Once he became aware the notice had not reached the register, Mr MV did the right things, including apologising to Mr CJ, who seemed to accept it at the time. [101] Mr MV also explained what he had done to minimise the chance of a recurrence. I consider it unlikely Mr MV, or anyone under his supervision, will make the same mistake again. [102] Nonetheless, Mr MV’s conduct fell below a proper sta...

2. LCRO 39/2019 Yuri Lukas v BW and CV (29 November 2019) [pdf, 151 KB]

   ...further examples of conduct by Mr Lukas that cannot be allowed to pass unchallenged. [100] The allegations by Mr Lukas are threatening in nature, the implication being that a breach of the terms of engagement carries some sort of penalty. [101] Such conduct is completely at odds with a lawyer’s fundamental duty to care for and protect the client. [102] Mr Lukas’ threatening comments amounts to unsatisfactory conduct in terms of s 12(b) of the Lawyers and Conveyancers Act 2...

3. INZ (Carley) v De'Ath [2018] NZIACDT 45 (13 November 2018) [pdf, 213 KB]

   ...have been personally carried out by a licensed adviser, in breach of cl 3(c) 4 Section 51(1). 5 Section 53(1). 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [101]–[102] & [112]. 11 (3) Failing to ensure that a written agreement was provided to all applicants once they decided to proceed and, in some instances where it was provided, failing to explain significant matters in the agreement...

4. LCRO 283/2014 AD v FR and OR (31 August 2018) [pdf, 219 KB]

   ...finding was appropriate. [99] Turning to the penalty imposed, Mr AD submitted that a fine of $5,000 was excessive. [100] Determining an appropriate level of a fine to be imposed, engages an element of the discretion exercised by Committees. [101] There is no formula by which to calculate the appropriate level of a fine. As such, this Office would have to have good reason to interfere with the exercise of that discretion. That said, the expectation of this Office is that it wi...

5. [2019] NZEmpC 167 Bradley v Ngāti Apa Ki Te Rā Tō Charitable Trust [pdf, 424 KB]

   ...flawed and, in any event, it had already decided to dismiss him regardless of the outcome of that investigation. 1 Bradley v Ngāti Apa ki te Rā Tō Charitable Trust [2018] NZERA Christchurch 101. [3] The Trust had started an investigation about whether there had been a lack of financial management by Mr Bradley that allowed certain invoices to be approved for payment that its Board considered should not have been approved....

6. LCRO 181/2017 FW and KP v BG (31 October 2019) [pdf, 173 KB]

   ...reason, I decline Ms CP’s invitation to award costs against Mr FW and Ms KP. 26 Legal Complaints Review Office Guidelines for Parties to Review (August 2010). 18 Anonymised publication [101] Pursuant to s 206(4) of the Act, I direct that this decision be published so as to be accessible to the wider profession in a form anonymising the parties and absent of anything as might lead to their identification. DATED this 31st...

7. LCRO 215/2018 WN v ZD (31 October 2019) [pdf, 162 KB]

   ...disagreement as to what was said in the phone conversation of 30 May 2017, what is not contested is that the conversation was prompted by inquiry from Mr WN. Ms ZD appears to have given no priority to ensuring that Mr and Mrs WN were kept informed. [101] At the time Ms ZD represented Mr and Mrs WN, she was an associate of the firm. She was a senior lawyer. She had the primary responsibility for carriage of the file. It was her duty to promptly inform the clients that she was r...

8. [2021] NZACC 11 - Murrell v ACC (12 January 2021) [pdf, 229 KB]

   ...this is facet joint syndrome arising from the accident and Mr Howie, Dr Hayden, Dr Reeves and Dr Yarnall disagreeing with the diagnosis of facet joint syndrome and that the MRI scan shows no acute changes attributable to the accident. [101] I find the report of Dr Templer and his team illuminating. This was a consultation in person and included a clinical psychologist, a physiotherapist and a clinical nurse – specialist persistent pain. That consultation showed that in spi...

9. LCRO 143/2020 TJ v YY (16 December 2021) [pdf, 230 KB]

   ...Committees, where the Committees not only invite the parties to provide submissions on the issues identified as being at the centre of the Committee’s inquiry, but also invite the parties to provide submissions on the issue of possible publication. [101] Mindful of the considerable delay that has occurred to date, and in a pragmatic attempt to ensure the most expeditious path to final outcome for both parties I propose to make directions that: (a) Notice is to be provided to the...

10. [2021] NZEnvC 168 Director-General of Conservation v Thames-Coromandel District Council [pdf, 454 KB]

    ...advances in the science on the evidence before us at this stage. For clarity, we set out our key findings from the earlier decision. They are to be found late in that decision under headings “The Core Issue” and “Assessment”. In paragraph [101] we recorded a strong statement by a plant pathologist called by the Director-General. Dr I Horner: The long-term survival of kauri forest depends on preventing the spread of kauri dieback into these “clean” areas of forest. If...