Search Results

1. LCRO 76/2024 QM v BY (13 December 2024) [pdf, 240 KB]

   ...arising from QM’s complaint:2 (a) Rule 3: whether BY acted competently and in a timely manner consistent with the terms of his retainer with QM. (b) Rule 5.3: whether BY provided independent and objective advice to QM. (c) Rule 6: whether BY protected and promoted QM’s interests to the exclusion of the interests of others. (d) Rule 9: whether BY charged a fee that was more than fair and reasonable. [27] In dealing with those issues, the Committee held:3 (a) There was no evide...

2. BORA Health (Protection) Amendment Bill [pdf, 304 KB]

   Health (Protection) Amendment Bill 25 July 2014 Hon Christopher Finlayson QC, Attorney-General Legal Advice Consistency with the New Zealand Bill of Rights Act 1990: Health (Protection) Amendment Bill Purpose 1. We have considered whether the Health (Protection) Amendment Bill (PCO 17831/3.0) (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). 2. We have concluded that the Bill appears...

3. LCRO 180/2022 HB v UC and JW (26 November 2024) [pdf, 216 KB]

   ...Build Guarantee …”.10 [19] [Law Firm A] conclude their response in the following manner:- “31. There was a limited retainer in place between Mr HB and [Law Firm A]and [Law Firm A] carried out the work required of it with appropriate skill, care and diligence. In the circumstances, any failure to make enquiries about the Warranty does not amount to unsatisfactory conduct and Mr HB has not shown that he has suffered any loss.” Mr HB’s comments in reply11 [20] Mr MG responde...

4. Attorney-General Submissions - 4 December 2017 [pdf, 383 KB]

   ...expansive as "aquatic life" includes any species of plant or animal life that must inhabit water whether living or dead and includes seabirds. 8 Attomry-Ge11eraf v T mstees of the Motiti Rohe Moa11a Tmst [2017] NZHC 1429 at 4390891_3 5 protection for its own sake, such as intrinsic values of the environment)). 9 12.5 Fifth, and as a consequence of the above, the effects or externalities of fishing on the environment that are not subject to Fisheries Act control can...

5. [2018] NZLCDT 18 National Standards Committee v Shi [pdf, 271 KB]

   ...Standards Committee submissions on the principles of penalty and disciplinary proceedings. Mr Sorrell’s submissions were directed to the balancing exercise to be carried out by the Tribunal to impose the least restrictive outcome whilst ensuring protection of the public. In that regard Mr Sorrell submitted that context and the work environment in which this young woman had fallen into error were important. [28] [redacted]. [29] In terms of mitigation Mr Sorrell pointed out tha...

6. Suresh v Elizabeth [2019] NZIACDT 45 - Sanctions (3 July 2019) [pdf, 196 KB]

   ...visa. It was signed by Ms Elizabeth on behalf of FBP on 18 April 2016. [7] The agreement stated that FBP or an associate office would assist with the presentation of a visa application to Australia’s Department of Immigration and Border Protection and/or Immigration New Zealand in accordance with Australian or New Zealand immigration laws and policies. [8] An initial assessment of the complainant’s eligibility for Immigration New Zealand’s skilled migrant category was m...

7. Canterbury Westland Standards Committee v Withers [2013] NZLCDT 39 [pdf, 229 KB]

   ...settlement. The balance was to be left owing and satisfied by Clifden transferring the section to be acquired for $400,000 by the trust, on completion of the subdivision to be undertaken by Clifden on the land. Mr Withers suggested that “adequate protection would be put in place in the meantime”. He made no comment in the letter as to what that protection would be. The proposal was rejected by the trust. 17 Affidavit o...

8. Shankar v Ahuja [2015] NZIACDT 106 (21 December 2015) [pdf, 196 KB]

   ...ensure that appropriate standards of conduct are maintained in the occupation concerned. [23] The statutory purpose is achieved by considering at least four factors which materially bear upon maintaining appropriate standards of conduct: [23.1] Protecting the public: section 3 of the Act states “[t]he purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [23.2] Demanding minimum standards of conduct: Dentice v Valuers Registratio...

9. UJ v OO LCRO 143 / 2012 (9 April 2013) [pdf, 107 KB]

   ...authorisation given by, Ms UM, Ms UK’s barrister. [35] The question is whether, by signing the Notice of Claim, Mr OO acted properly and in particular, whether by doing so a conflict of interest arose. [36] Chapter 6 of the Lawyers: Conduct and Client Care Rules 2008 (the Rules) deals with conflicts of interest. When acting for a client, a lawyer must, within the bounds of the law and the rules, protect and promote the interests of the client to the exclusion of the interests of...

10. DL v EX LCRO 128/2012 (16 December 2013) [pdf, 110 KB]

    ...to preparing her report, the Costs Assessor spoke with both the Practitioner and Mr EX. She considered the relevant factors to be taken into account in determining the reasonableness of a fee, as contained in Rule 9.1 of the Conduct and Client Care Rules,1 relevant case law, and a paper on costing. Having taken these into account, the Costs Assessor concluded that: a. the invoice of 3 August 2009 was to be upheld; and b. each of the remaining three invoices should be reduced by a...