Search Results

1. LCRO 024/2018 NN v AE (23 April 2019) [pdf, 213 KB]

   ...and money, to both lawyer and client alike. Decision [109] For the above reasons, pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Committee, and orders made by the Committee are reversed. Orders [110] 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 23rd da...

2. [2021] NZACC 5 - Andrews v ACC (12 January 2021) [pdf, 214 KB]

   ...letter of 22 July 2015 which says: The medical evidence from Dr Lynch states that there’s no evidence of a concussion injury … [109] She submits that the appellant wants to return to work and this is evident from his affidavit. [110] She says there is a strong suggestion that rehabilitation is not complete in this case and that there is a plethora of evidence that supports incapacity. [111] She says that if Dr Anderson is to be criticised for passing an opinion on the...

3. [2021] NZIACDT 4 - SL v Mackintosh (4 March 2021) [pdf, 271 KB]

   ...(settling and moving into a new home in September 2018 which was incredibly stressful). She realised the mistake on 10 October, but was upset, ashamed and embarrassed, which led to her panicking. She then tried to put it right on her own. [110] Ms Mackintosh realises this was stupid and she should have immediately told the complainant, owned the mistake and worked with her to resolve the situation, if the complainant was prepared to do so. [111] I accept the explanation give...

4. UC v YW LCRO 165/2013 (30 November 2016) [pdf, 261 KB]

   ...conduct in its context, and by reference to the ethical standards maintained by the profession. 31 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 10. 20 [110] Practitioners have a responsibility to engage constructively with parties engaged in conducting a disciplinary inquiry. Mr YW’s provocative response to the opportunity provided by the Committee to explain his conduct fell well short...

5. Li & Gao v Real Estate Agents Authority (CAC 408) & Ors [2017] NZREADT 9 [pdf, 259 KB]

   ...representations and applied undue pressure on the appellants by falsely representing to them the price that another party was prepared to offer for the property, and the terms on which such offer 4 Section 110 of the Act. would be made, and by putting time pressure on them. They allege that Ms Riley was a party to the false representation and undue pressure. [7] By reference to the Real Estate Agents Act (Professional Conduct...

6. Final name suppression June 2019 [xlsx, 100 KB]

   ...sentence 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 2016/2017 2017/2018 2018/2019 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 2016/2017 2017/2018 2018/2019 Imprisonment 194 266 226 378 351 408 409 397 479 448 28% 39% 35% 44% 46% 49% 49% 49% 48% 58% Home detention 158 60 105 136 91 159 110 127 170 114 23% 9% 16% 16% 12% 19% 13% 16% 17% 15% Community detention 50 50 60 45 94 81 56 89 119 36 7% 7% 9% 5% 12% 10% 7% 11% 12% 5% Intensive superv...

7. LCRO 151/2016 and 157/2016 NS v TD and TD v NS (27 September 2018) [pdf, 325 KB]

   ...$1,000 for that breach. Costs [109] Where a finding of unsatisfactory conduct is made or upheld against a practitioner on review it is usual that a costs order will be imposed. I see no reason to depart from that principle in this case. 20 [110] Taking into account the Costs Guidelines of this Office, Mr NS and Mr TD are each ordered to contribute the sum of $1,200 to the costs of the review, those sums to be paid to the New Zealand Law Society within 30 days of the date of t...

8. IHC New Zealand v Attorney-General (Strike-Out Application) [2020] NZHRRT 47 [pdf, 248 KB]

   ...further Joseph and Castan The International Covenant on Civil and Political Rights: Cases, Materials, and 9 Commentary (3rd ed, Oxford University Press, 2013) at [25.01] to [25.09]. As noted by Elias CJ in Attorney-General v Chapman [2011] NZSC 110, [2012] 1 NZLR 462 at [1] the principle that rights are vindicated through a remedy for breach is fundamental to the rule of law. A right without a remedy is “a vain thing to imagine”. In a later passage in her judgment Elias CJ mad...

9. LCRO 72/2020 ZW v CB (29 September 2020) [pdf, 204 KB]

   ...had opportunity to clarify any potential misunderstanding with Mr ZW at the review hearing. [109] Mr ZW’s complaint identified one of his concerns as being that “legal cost- not fair/reasonable, too high with no successful outcome”.14 [110] I am satisfied that Mr ZW’s complaint raised concerns regarding the fees charged, but it is clear that his objection to the fee was primarily advanced on grounds 14 Complaint (13 May 2019)....

10. Proactive release - Strengthening the Family Court [pdf, 1.9 MB]

    ...for Disability Issues; Office of Ethnic Communities; the Treasury; the Family Violence and Sexual Violence Joint Venture Business Unit; and DPMC. 59. 60. In completing its report, the Panel undertook significant public consultation, holding more than 110 meetings and receiving more than 500 submissions. Those most intimately affected by the 2014 reforms – children and young people, parents, caregivers, guardians, grandparents and other whānau members – were extensively surveyed. The Pane...