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1. R Singh v Kumar [2011] NZIACDT 34 (21 October 2011) [pdf, 92 KB]

   ...existence of that written agreement is not consistent with Mr Kumar’s evidence that nothing was paid. Neither is it consistent with his claim the fee due was $2,500 and he elected to recover only $500. [34] In an affidavit dated 23 December 2010 filed in this proceeding, Mr Kumar said the fee due was $500. He explained the difference between the amount in the contract and the amount demanded as a concession on the basis of friendship. [35] I reject Mr Kumar’s explanation. He demande...

2. SG v [City] SC LCRO 250/2013 (6 March 2015) [pdf, 52 KB]

   ...• “It is especially of concern to the Committee that Mr SG maintained no ledger cards for those clients who had funds held on deposit”.11 • “Mr MT reported that no hard copies of fees invoices were printed out and kept on the file”.12 • “Mr MT observed that as no central hard copy was maintained for invoices or statements he could not easily review if annual reporting statements had been sent to a client”. 13 • “…again the Committee’s concern is...

3. BW v FM LCRO 296/2013 (27 March 2015) [pdf, 48 KB]

   ...incidental to the investigation to the complaint and the hearing on the papers which was conducted. (d) Determined that no publication of the determination or facts of the matter was necessary or appropriate. Application for Review [19] Mr BW filed an application for review on 7 October 2013. Mr BW submitted that the Standards Committee decision: (a) Was unjustified and wrong. (b) Imposed an excessive penalty in the circumstances. (c) Was flawed as he had not been given an...

4. YC v LV LCRO 57/2013 (16 April 2015) [pdf, 44 KB]

   ...obligation to them. However, if there is a problem between Mrs RA and Mrs TG, each of them is entitled to claim privilege. There is no indication that either of them has waived privilege, and it would be inappropriate on a review application filed by Mr YC to make enquiries of them to ascertain whether or not they were satisfied with Mr LV’s conduct. [36] There is no evidence of Mr LV having breached proper standards of professionalism8 or having treated Mr YC with a lack of pr...

5. A Nair v Devi [2014] NZIACDT 87 (15 September 2014) [pdf, 182 KB]

   ...lodged an expression of interest and Immigration New Zealand invited him to apply for a residence visa. Ms Devi did not lodge the application until his current visa had expired, and did not communicate adequately with the complainant so as to ensure filing could occur on time. The result was that Immigration New Zealand could not consider his application. [3] The Tribunal found the complainant had provided Ms Devi with all the information requested. In addition, a staff member in the adv...

6. AX v ZA LCRO 113 / 2010 (18 February 2011) [pdf, 117 KB]

   ...sought is to “stop [the Respondent] from hiding behind the law, and recover some of his money.” He again lays the blame for his losses on the Respondent. Review [23] In conducting this review, I have had recourse to the full Standards Committee file and the correspondence with this office from both parties. [24] Both parties have consented to the review being determined without a hearing pursuant to section 206(2) of the Act, and the review has therefore been conducted on the...

7. Canterbury District Law Society v Wood [2009] NZLCDT 11 [pdf, 125 KB]

   ...the sanctions noted in Bolton remain within the range of responses available to this Tribunal in deciding how Mr Wood should be sanctioned given his particular misconduct and the established purposes of disciplinary proceedings. [12] Mr Wood also filed some personal submissions which we have considered. He stated in those submissions that, at all times, he had acted in what he thought were the best interests of his client Mr M, and that he regarded himself as a zealous litigator. In t...

8. Deputy Registrar v Severne - Okahukura 8M2C2C2B (2017) 365 Aotea MB 174 (365 AOT 174) [pdf, 193 KB]

   ...trust of $4,753.14. Ms Kerehoma contended that until that debt was repaid it was improper for Mr Howell to be appointed a trustee. [8] In addition, a written report prepared by a former trustee, Lorraine Clark, dated 23 November 2013 was also filed. That report confirms the detail of the Tenancy Tribunal order. In addition, Ms Clark’s report stated that in 2010-2011 a dwelling was moved on to the land which she says she believed belonged to Mr Howell. Ms Clark’s report goes...

9. ENV-2016-AKL-000212 Smithies Family Trust v Auckland Council [pdf, 269 KB]

   ...opportunity to ensure that the equivalent PAUP provisions for rural subdivision are clear, workable and do not give rise to similar issues. The Trust's submission on the PAUP 6.7 The Trust was one of five Silverdale landowners that collectively filed a comprehensive submission on the PAUP (albeit with separate submission forms) given their similar interests regarding the land use and subdivision provisions applying in the Rural zones. It was treated as a single submission (Submis...

10. AR v VE LCRO 334/2012 (10 August 2015) [pdf, 114 KB]

    ...only be given after careful consideration and with a clear understanding of their consequences”.9 Hearing on the papers [15] Both parties have consented to this review being undertaken on the papers pursuant to s 206(2) of the Act, and each filed written submissions. The on-the-papers hearing process allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all the information available if the LCRO considers that the review can be adequately determin...