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1. IB v QY LCRO 242 / 2010 (10 February 2012) [pdf, 86 KB]

   ...have been affected or influenced by that 3 allegation. It was said that the Practitioner ‘took a position’ in relation to the advice he gave, and that his representation of his clients was, or could have been, affected by concerns to protect the interests of the firm. Standards Committee enquiry [11] The New Zealand Law Society investigated the complaints and its decision sets out the background in some detail which I have considered necessary to restate here. It...

2. Idea Services v Attorney-General (Interim Order Application) [2013] NZHRRT 24 [pdf, 148 KB]

   ...are able to effectively perform the dual functions of promoting and protecting human rights: • an anti-discrimination standard for Government that is backed up by an accessible complaints process and effective remedies. The Government has given careful consideration to how best to achieve these aims, and in particular has taken cognisance of the recommendations of, and the public submissions received on, the independent report on the Re-Evaluation of Human Rights Protections in New Z...

3. QX v ZW LCRO 134/2014 (21 October 2016) [pdf, 159 KB]

   ...apply to the Family Court for an eviction. (f) Failed to arrange a court hearing. (g) Failed to keep Ms QX informed. (h) Failed to push for action. (i) Obstructed progress and ignored Judge’s orders. (j) Had a conflict of interest by not protecting the interests of the Legal Services Agency. (k) Involved Ms QX in unreasonable delays and costs. (l) Ms ZW did not do what she said she would do. (m) Gave Ms QX incomplete information. (n) Failed to reply to phone calls and lette...

4. LCRO 159/2017 YB v WD [pdf, 147 KB]

   ...client informed about progress, and consult the client about steps to be taken to implement the client’s instructions.5 [31] Lawyers are also required to act competently. Rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) states that:6 In providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care. (b) Did Y...

5. [2020] NZREADT 41 - Bellis v Real Estate Agents Authority (9 September 2020) [pdf, 274 KB]

   ...had represented to him that the QV valuation did not include the walnut trees, which was blatantly false. He claimed that this was in breach of Mr Davison’s obligations under r 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). [15] Mr Bellis claimed that Mr Davison was responsible for checking information he receives from a vendor for accuracy before he passed it on to a potential buyer. He claimed that as Mr Davison deals i...

6. Otago Standards Committee v Rayner [2014] NZLCDT 62 [pdf, 87 KB]

   ...card and the information required to use it, the practitioner was in breach of the fundamental obligation of a lawyer under s 4(c) of the Lawyers and Conveyancers Act 2006 (“Act”) to act in accordance with all fiduciary duties and duties of care and s 4(d) to protect the interests of his client. (e) Acting as a barrister for M at the time, was in breach of the Lawyers and Conveyancers (Lawyers: Conduct and Client Care) Rules 2008 (“LCACC”), in particular rules 5.1, 5.2 an...

7. Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 9 [pdf, 147 KB]

   ...standing as disgraceful or dishonourable; and/or (b) is conduct that occurred at a time the practitioner was providing regulated services and is conduct that contravened Rule 11.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (misleading or deceptive conduct); and/or (c) is conduct unconnected with the provision of regulated services but which would justify a finding that he is not a fit and proper person or is otherwise unsuited to engage in pract...

8. Cole v Realty Insight Limited [2012] NZWHT Auckland 25 [pdf, 259 KB]

   ...there was a CCC, that it was safe for them to proceed to purchase? e) If so, was the misleading conduct of Mr Xiang an effective cause of the claimants’ loss, namely the purchase of the leaky home? f) Did Mr Xiang owe the claimants a duty of care in relation to the advice given on 23 August 2006 and was such advice causative of the claimants loss? g) Have the claimants established their formal proof claim against Mr Theotesto Reyes, the fifth respondent? h) Have the claima...

9. Auckland District Law Society v Dorbu [2009] NZLCDT 3 [pdf, 151 KB]

   ...of delay. They had this to say (paragraph 35): “Both the High Court of Australia and the Federal Court concluded that a weighing process, similar to that undertaken in a criminal case, was required, but with accounts also to be taken of the protective nature of the disciplinary jurisdiction. That is disciplinary proceedings are not punitive in nature, but essentially protective of societal interests.” The Court went on to uphold that the application of administrative law p...

10. [2019] NZLVT 003 Walker v Auckland Council [pdf, 2.3 MB]

    ...Council's application [6] The Council seeks an award of costs for $175,000 being approximately 70% of actual costs. The Council submits that the features of this case that justify a greater than usual award of costs are:" (a) after a carefully reasoned first instance hearing by an appropriately qualified commissioner the applicant amended its application materially to take full advantage of the de novo jurisdiction of the court; (b) the applicant sought to challenge the...