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1. LCRO 22/2020 N&Y LK v XZ (19 May 2021) [pdf, 231 KB]

   ...caused them to incur $[XXX] in unnecessary costs. [20] The issues addressed by the Committee were:11 i. Whether Mr XZ acted in a conflict of interest situation in breach of Rule 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“RCCC”); ii. Whether Mr XZ in his affidavit misled the Court in breach of RCCC 13.1; iii. Whether Mr XZ in his affidavit failed to provide all information relevant to the Court in breach of RCCC 13.7; iv. Whether...

2. Waikato Bay of Plenty Standards Committee v Parlane [2010] NZLCDT 8 [pdf, 184 KB]

   ...the disciplinary procedures under the Act is to ensure compliance by solicitors and barristers with appropriate and required standards of conduct; Chow v Canterbury District Law Society [2006] 2 NZAR 160 at [18]. By this means the public is protected and the standing of the profession maintained.” [6] To which end, the Tribunal reminds itself that the balance of probabilities applies but on a sliding scale. The more serious the charge and the potential outcome, the greater...

3. [2022] NZEmpC 106 Soapi v Pick Hawke’s Bay Inc [pdf, 209 KB]

   ...in the horticulture and/or viticulture industries as participants in the Recognised Seasonal Employer (RSE) scheme. [2] The applicants lodged claims in the Employment Relations Authority alleging breaches by Pick Hawke’s Bay Inc of the Wages Protection Act 1983, Minimum Wage Act 1983, and Employment Relations Act 2000 (the Act).1 1 Wages Protection Act 1983, ss 4, 5A, 11 and 13; Minimum Wage Act 1983, ss 6, 7, 11 and 11B; Employment Relations Act 2000, s 130. Penalties are a...

4. Affiliated Business Consultants Ltd v CAC20005/CAC304 & Ors [2015] NZREADT 76 [pdf, 107 KB]

   ...agency for a property (or business), that vendor must be warned about the possibility of double commission if that vendor enters into, or has entered into, any other agency agreement with anyone else. That is a very broad requirement and must be carefully complied with. [2015] NZREADT 76 - Affiliated Business Consultants 3 [10] There is no right of appeal from this consent decision. These proceedings are now at an end subject to enforcement of the terms of settlement....

5. Standards Committee 1 v Hart [2011] NZLCDT 5 [pdf, 84 KB]

   ...There is also of course an interest in the public being aware of the various charge-out rates of practitioners and the reasonableness having regard to experience and expertise. These matters are no longer cloaked in mystery or secrecy. The client care rules of the legal profession provide to the contrary. In addition the Tribunal considers that the public is aware of the presumption of innocence which includes a practitioner facing disciplinary charges and that any publicity can...

6. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [pdf, 258 KB]

   ...ensure defects did not occur during construction. In processing the building consent application, the claimants allege the Council should have been mindful of the issues that these inadequacies raised. The Council therefore breached their duty of care to the claimants in approving the building consent application. [69] In Body Corporate 188529 & Ors v North Shore City Council & Ors (No 3) [2008] 3 NZLR 479 (Sunset Terraces) Heath J Page 26 of 44 concluded it w...

7. Otago Standards Committee v Claver [2019] NZLCDT 8 [pdf, 343 KB]

   ...particular 2. (c) Acting without instructions – particular 3. (d) Failure to appear in Court – particular 4. (e) Contacting a Judge directly – particular 5. (f) Failure to act competently, in a timely manner and to take reasonable care - particular 6. (g) Misleading the Court – particular 7. (h) Failure to comply with penalty orders made by a Standards Committee – particular 8. (i) Making a false declaration to the New Zealand Law Society … - particular 9....

8. [2016] NZSSAA 028 (20 April 2016) [pdf, 78 KB]

   ...pension insurance, health insurance and unemployment insurance.3 ...... Social insurance is complemented by family benefits and social assistance schemes, which are non-contributory and means tested. Pension Insurance Pension insurance provides protection in cases of old age, decease and invalidity. It also includes invalidity (and partially survivor’s) benefits for accidents at work and occupational diseases. ....... [21] This report outlines the provision of pension insuranc...

9. LCRO 114/2018 CL v [City] Standards Committee [X] (17 May 2019) [pdf, 160 KB]

   ...above.9 Review [23] The matters identified in the 2014 and 2017 reports by the Audit Inspectors relate to important matters to be adhered to by all law firms. The underlying philosophy of all trust account requirements is that client funds must be protected to the utmost and the firm’s records be such as to enable ready confirmation that client funds are fully accounted for. [24] Any failure to comply with Trust Account regulations is serious and treated accordingly by the Di...

10. Martin v Real Estate Agents Authority (CAC 407) & Ors [2017] NZREADT 14 [pdf, 209 KB]

    ...appellant that he was acting for the vendor, not the appellant, and he failed to give the appellant a proper explanation as to his role in the transaction, in breach of rr 6.2 and 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. [b] Given the appellant’s particular circumstances, the second respondent failed to give the appellant a full and fair explanation of the meaning and implications of the pre-auction offer process, in breach of rr 9.7...