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1. Otago Standards Committee v Stewart [2016] NZLCDT 28 [pdf, 77 KB]

   ...services. In this case the situation is particularly serious because the business in question was banking services. [2] To his credit, Mr Stewart was fully cooperative from the inspection stage and throughout the disciplinary process. He has pleaded guilty to the two (amended) charges and taken responsibility for his actions. He has voluntarily stepped aside from practice. [3] Because of the implications of the “banking services” charge, the Tribunal was cautious in approac...

2. CAC20007 v Jarman [2015] NZREADT 66 [pdf, 157 KB]

   ...Member BY CONSENT HEARD ON THE PAPERS DATE OF THIS DECISION ON PENALTY 21 September 2015 COUNSEL Mr L J Clancy for the prosecution Mr R B Quin for the defendant DECISION OF THE TRIBUNAL ON PENALTY Introduction [1] Marion Jarman has pleaded guilty to two charges of misconduct as a real estate salesperson. Essentially, on two occasions she purchased a residential property in Huntly from Housing NZ Ld without a signed agency agreement nor an adequate appraisal, and very...

3. AI v ZR LCRO 102 / 2010 (11 February 2011) [pdf, 122 KB]

   ...Respondent to represent him in respect of charges laid against the Applicant to be heard in the Family Violence Court. [2] Following discussions by both the Applicant and the Respondent with the officer in charge, it was agreed that the Applicant would plead guilty to the charges on the understanding that the Police would take no further action in respect of other complaints by the Applicant’s partner. [3] On 10 March 2009, the Applicant appeared before Judge Epati at the Manukau...

4. B Ltd v JD [2024] NZDT 285 (7 March 2024) [pdf, 165 KB]

   ...and AJ worked together. He said he was never made aware that a third-party company would be involved. JD said he had limited English and was relying on what AJ told him when he signed the documents. 15. The claim made by JD is known at law as a plea of non est factum, or “not my deed.” A plea of non est factum may enable an agreement to be set aside for lack of consent. This can occur where a party has executed an agreement in a form radically different from what they intended bec...

5. AL v Secretary for Justice 30 August 2012 NZRA 000017 [pdf, 130 KB]

   ...That remark was made in the context of being otherwise satisfied that the applicant had met the requirement of ‘substantial and active involvement’ by reason of her active courtroom involvement in indictable trials. 22. The Applicant’s plea that his extensive experience in numerous defended and sentencing hearings in PC1 proceedings demonstrates an ability to lead evidence, cross-examine and make oral legal submissions, and is indicative of extensive and satisfactory courtro...

6. Nelson Standards Committee v Bamford [2015] NZLCDT 39 [pdf, 33 KB]

   ...which it is sometimes difficult for a practitioner to accurately identify the various interests, the decision must be removed from the practitioner and put in the hands of the client, on an informed basis. [9] Mr Bamford has acknowledged, by his plea, that he let his client down in this regard. 4 [10] We record that it is extremely important for a practitioner to recognise and clearly turn his or her mind to the consequences where a possible claim against a practitioner b...

7. Waikato Bay of Plenty Standards Committee v Cooper [2015] NZLCDT 7 [pdf, 49 KB]

   ...member of the public is entitled to expect of a reasonably competent lawyer. [3] After the hearing and following deliberation, the Tribunal found that Charge one relating to misconduct had been proved. The Tribunal accepted the practitioner’s plea of guilty to the alternative charge of unsatisfactory conduct in respect of Charge two. 4 [4] The Tribunal announced the following orders after hearing submissions from each counsel as to Penalty. a. Suspension for 18 months...

8. DR v AKSC1 LCRO 28 / 2010 (15 August 2011) [pdf, 88 KB]

   ...Department of Corrections. [2] In that decision, Her Honour was extremely critical of the applicant’s performance in advising J R. It is not necessary to go into the details of the case, but the criticism by the Judge arose from the fact that J R pleaded guilty to a charge under section 71 of the Parole Act 2002. Her Honour noted that J R in fact had a strong defence to the charge. In return for the guilty plea, the Prosecution agreed to seek a conviction and discharge. On the...

9. Y v Secretary for Justice [2023] NZRA 004 (12 April 2023) [pdf, 269 KB]

   ...responsibility for all tactical and strategic advice given to the client in that proceeding, that is likely to be a factor assisting the applicant. [65] Does that mean that a PAL 3 applicant may rely solely on four PAL 3 cases where early guilty pleas were entered, and the applicant was not required to take any significant steps other than make submissions on sentence? While each case must be judged on its own merits, I doubt that such an application could succeed – in a particular...

10. Canterbury Westland Standards Committee v Woulfe [2017] NZLCDT 5 [pdf, 122 KB]

    ...his professional capacity to such a degree as to reflect on his fitness to practice or as to bring his profession into disrepute. [2] This charge was admitted after discussions between the parties which resulted in the two alternatives originally pleaded, namely misconduct and unsatisfactory conduct, being withdrawn on the practitioner’s indication of a plea. The Tribunal, having considered all the material before it, approved that amendment on the basis that we considered that n...