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1. LCRO 35/2024 UX v RT (19 September 2024) [pdf, 265 KB]

   ...Agreement A on 13 and 14 March 2013. (e) That the respondent failed in an unspecified professional duty by “…not making her own decisions and asking us client to make decisions and what to do” (sic). (f) That the respondent did not promote and protect the couple’s interests. (g) That the respondent failed to give the couple clear information and advice. (h) That the respondent’s referral of the couple to an independent litigation lawyer for advice was inappropriate (descri...

2. CAC10070 v Adams [2012] NZREADT 5 [pdf, 177 KB]

   ...Act”) and also, in the alternative, with misconduct under s.73(c)(iii) of that Act “in that her conduct consists of wilful or reckless contraventions of rules 6.2, 6.4, 9.1 and 9.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009”. [2] In the course of the hearing, the defendant entered a guilty plea to the alternative charge; and Mr Stanaway offered no evidence to the first charge (referred to above) which was, therefore, dismissed by us for non-pro...

3. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...and Mr Deliu and his counsels will not be able to feed on such a vexatious claim. He will do so now at his own cost.” [48] Mr Hong submitted that his stated intention was to avoid costs for his former clients and to ensure their interests were protected. We consider it is still a flagrant breach of Rules 10 and 10.1. This very submission was discussed in a decision of the LCRO24 who stated: “Whilst a duty of confidence continues after a retainer has been terminated a lawyer...

4. Information sharing arrangements

   ...Find out more about Information Sharing on the Privacy Commissioner’s website Approved Information Sharing Agreements (AISAs) Approved information sharing agreements (AISAs) are one of the ways we share information to deliver public services while protecting people’s privacy. The Ministry currently has AISAs with the following agencies: Statistics New Zealand The shared information is used to answer research, policy, and evaluation questions across many subject areas. It helps solve comple...

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5. Lawyer-for-Child-practice-note-updated-July-2024.pdf [pdf, 253 KB]

   ...child list 3 INTRODUCTION 3.1 This practice note replaces all previous practice notes pertaining to the selection, appointment and payment of lawyer for child. 4 TERMS AND DEFINITIONS 4.1 In this practice note: (a) COCA means the Care of Children Act 2004. (b) OT Act means the Oranga Tamariki Act 1989 - Children's and Young People's Well-being Act 1989. (c) FCA means the Family Courts Act 1980. 2 (d) The term 'child' includes...

6. LCRO 8/2014 HTO v AG [pdf, 216 KB]

   ...purpose. Background [2] HTO operated in New Zealand as an internet service provider (ISP). [3] Mr AG acted for DYRJ. DYRJ had invested around $300,000 to purchase rights to a number of [Country’s] television shows. Mr AG’s instructions were to protect DYRJ’s intellectual property rights. [4] On 25 August 2011 Mr AG sent a three-page letter to HTO. Mr AG said he acted for DYRJ, identified several TV channels over which DYRJ claimed copyright, and set out its concerns abo...

7. LCRO 47/2014 HJ v GK [pdf, 93 KB]

   ...because Mr GK has taken no appropriate steps to ensure that reasonable grounds for making the allegation exist. [18] Mr HJ says Mr GK’s behaviour is distressing to him because Mr GK has not recognised his reporting of misdeeds within the Company as protected disclosures, but has instead manufactured a dispute against his interests and in contravention of an alleged agreement over how the Company would operate. [19] Mr HJ would like an unqualified written apology from Mr GK for his...

8. DH v EJ LCRO 207/2014 (13 April 2015) [pdf, 62 KB]

   ...changed. Introduction [1] Mr DH has applied for a review of a decision dated 29 August 2014 by the [Provincial] Standards Committee, in which the Committee found five breaches of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, and that his conduct was unsatisfactory pursuant to s 12(b) and (c) of the Lawyers and Conveyancers Act 2006 (the Act). [2] The Committee censured Mr DH, ordered him to pay a fine of $2,000, and $500 in costs and expenses...

9. Nelson Standards Committee v Smith [2018] NZLCDT 34 [pdf, 171 KB]

   ...sought or other forms of penalty. She accepted that given that the practitioner had not renewed his practising certificate after June this year, that the suspension for a short term appeared 9 somewhat academic. Providing that public protection was achieved in another way, such as restrictions on practice, Ms Carter did not strongly advance suspension at this point. Seriousness of Conduct [31] In considering penalty we begin first with the seriousness of the offending....

10. [2022] NZEnvC 092 Port of Tauranga Limited [pdf, 302 KB]

    ...involve the giving of legal advice or providing other legal services. Beyond that, however, I think that the effect of the Tribunal’s order on appearing before the Court to represent others raises more complex issues which need to be considered carefully in light of the relevant legislation. Statutory provisions Section 275 of the RMA provides: 275 Personal appearance or by representative A person who has a right to appear or is allowed to appear before the Environment Co...