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1. CAC 10040 v Lee & Feng [2011] NZREADT 12 [pdf, 76 KB]

   ...Act or of any regulations or rules made under this Act; or (c) is incompetent or negligent; or (d) would reasonably be regarded by agents of good standing as being unacceptable. [7] Both Defence Counsel urged the Tribunal to apply s 110(4) of the Act which provides as follows:- 110 Determination of charges and orders that may be made if charge proved (4) If the Disciplinary Tribunal, after hearing any charge against a licensee, is satisfied that the licensee, alt...

2. [2021] NZEmpC 110 Reid v Ngati Rangi Trust [pdf, 177 KB]

   CASSANDRA REID v NGĀTI RANGI TRUST [2021] NZEmpC 110 [19 July 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2021] NZEmpC 110 EMPC 449/2019 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN CASSANDRA REID Plaintiff AND NGĀTI RANGI TRUST Defendant Hearing: O...

3. Canterbury Westland Standards Committee v Parsons [2013] NZLCDT 48 [pdf, 72 KB]

   ...placed into a trust account. For example, disbursements, to be paid by Mr Parsons on behalf of a client to some third party at some future time should be held in trust pending that payment it submitted, as such amounts fell within the wording of s 110(1) of the Act, which required a trust account to be kept where a practitioner received money “for, or on behalf of, any person”. 2 See s 112(2)(b)(iv) Lawyers and Conveyancers Act 2006...

4. IJ v KL LCRO 190/2016 [pdf, 219 KB]

   ...by this review is that the Standards Committee considered and ruled upon an issue that had not been part of Mr KL’s original complaint. The issue about which Mr IJ has particular concern, relates to conclusions reached that he had breached s 110 of the Lawyers and Conveyancers Act 2006 (the Act). That and the provisions that deal with a practitioner’s obligations to hold client funds in trust, and maintain proper records of funds received. Background [4] Mr IJ is the princip...

5. LCRO 140/2020 AB v RP (27 November 2020) [pdf, 267 KB]

   ...and refinancing transaction? This principally engages consideration of r 3.6 of the Rules.11 (b) Did Mr AB deduct legal fees from funds held on behalf of the RPs, without a legal basis for doing so? This principally engages consideration of s 110 of the Act, r 9.3 of the Rules and reg 9 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 (the Trust Account Regulations). [45] I discuss each in turn, further below. [46] However, I first address a submission made...

6. Appeal Against Penalty Olde-Olthof & Anor v REAA CAC 20005 & Anor [2014] NZREADT 37 [pdf, 70 KB]

   ...appropriate in respect of appeals against the exercise of the discretion granted to Complaints Assessments Committees in determining penalties following unsatisfactory conduct findings (see, by analogy, the decision of Woolford J in relation to s.110 of the Act in Kumandan v Real Estate Agents Authority CIV-2013-404-2433). Accordingly, in order for us to allow the appeal, the appellant must demonstrate that the Committee’s penalty decisions either made an error of law or principle; or...

7. LCRO 83/2020 BA v SC (18 December 2020) [pdf, 265 KB]

   ...“Professional Responsibility in New Zealand” (online ed, LexisNexis) at [19.1.1]. Also, see s 3(1) of the Act: the consumer protection purposes of the Act. 31 Trust Account Regs at Parts 6 and 7. 32 Collins at [19.1.1]. 12 (i) Receipt of money s 110 of the Act [61] The statutory requirements that apply to lawyers when receiving money into, and paying money from a lawyer’s trust account are contained in s 110(1) of the Act. [62] The key requirements of s 110(1) are th...

8. Complaints Assessment Committee (CAC 409) v Cartwright [2018] NZREADT 25 [pdf, 264 KB]

   ...similar conduct, in similar circumstances. The Tribunal should impose the least punitive penalty that is appropriate in the circumstances. While there is an element of punishment, rehabilitation is an important consideration.6 [15] Section 110(2) of the Act sets out the orders the Tribunal may make by way of penalty. As relevant to the present case the Tribunal may: [a] Make any of the orders that a Complaints Assessment Committee may impose under s 93 of the Act (these include...

9. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 78 [pdf, 186 KB]

   ...similar conduct, in similar circumstances. The Tribunal should impose the least punitive penalty that is appropriate in the circumstances. While there is an element of punishment, rehabilitation is an important consideration.4 [11] Section 110(2) of the Act sets out the orders the Tribunal may make by way of penalty. As relevant to the present case the Tribunal may: 2 Section 3(1) of the Act. 3 Section 3(2) of the Act. 4 See...

10. [2016] NZEmpC 110 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 88 KB]

    JOHN MATSUOKA v LSG SKY CHEFS NEW ZEALAND LTD NZEmpC AUCKLAND [2016] NZEmpC 110 [29 August 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 110 ARC 23/12 IN THE MATTER OF proceedings removed AND IN THE MATTER of an application for non-party discovery BETWEEN JOHN MATSUOKA Plaintiff AND LSG SKY CHEFS NEW ZEALAND LTD Defendant Hearing: 24 and 25 August 2016 (Heard at Auckland) Appearances: B Stewart QC, B Nic...