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1. LCRO 39/2019 Yuri Lukas v BW and CV (29 November 2019) [pdf, 151 KB]

   ...retainer. Mr Lukas failed to keep Mr BW and Dr CV updated about what was happening with their case, in particular, the delays caused by INZ needing further information. The Committee was left with the impression that Mr Lukas’ approach to client care and file management is particularly laissez-faire. [28] The Standards Committee considered that, taken together, Mr Lukas’ failings in relation to these three issues demonstrated an overall lack of care and represented conduct that fa...

2. LCRO 186/2019 ZU v FD (15 June 2021) [pdf, 246 KB]

   ...[Area] Standards Committee [X] in which the Committee determined that Mr ZU’s conduct constituted unsatisfactory conduct pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 (the Act) by reason of a breach of r 3 of the Conduct and Client Care Rules.2 1 At various times the Standards Committee file includes Ms WD as a complainant. The two costs assessors’ reports also include her as a complainant. Ms WD has lodged a separate complaint about Mr ZU. This review is a r...

3. Issue 25 1 October 31 December 2020 [pdf, 737 KB]

   ...18 Hohaia [2020] NZCorC 89 (4 November 2020) ...................................................................... 18 Mr X [2020] NZCorC 91 (5 November 2020) .......................................................................... 20 Medical Care ............................................................................................................................ 21 Cambie [2020] NZCorC 74 (12 October 2020) ..........................................................................

4. BORA Heritage New Zealand Pouhere Taonga Bill [pdf, 418 KB]

   ...potential issues of inconsistency with s 19(1) (right to freedom from discrimination) and s 25(c) (right to be presumed innocent until proved guilty). Our analysis is set out below. Purpose 3. The purpose of the Bill is to promote the identification, protection, preservation and conservation of the historical and cultural heritage of New Zealand. It replaces the Historic Places Act 1993 (the Act), which established the New Zealand Historic Places Trust (Pouhere Taonga) (the Trust) in...

5. LCRO 104/2019 RY v DN (1 May 2020) [pdf, 273 KB]

   ...a lawyer has acted for more than one client in circumstances where there was a more than negligible risk that the lawyer would be unable to discharge the obligations owed to one or more of the clients, is r 6.6 [49] Consistent with the consumer protection purposes of the Act and a lawyers’ fundamental obligation to protect their clients’ interests, r 6 requires that: 7 [i]n acting for a client, a lawyer must, within the bounds of the law and [the rules], protect and promote the...

6. BORA Criminal Justice Reform Bill [pdf, 398 KB]

   ...protection to ensure criminal process rights are not breached in individual cases. 2.5 The power to require offenders to attend medical, psychological or therapeutic programmes can be exercised consistently with the right to refuse medical treatment protected by the BORA, by the courts imposing such orders against the wishes of the offender only in cases when it is justifiable under s 5 of the BORA. 2.6 The various restrictions upon the rights to freedom of association and freedom of...

7. Jackman v CAC 10100 & Anderson [2011] NZREADT 30 [pdf, 93 KB]

   ...Unsatisfactory conduct which attracts professional discipline, even at the lower end of the scale, must be conduct which departs from acceptable professional standards. That departure must be significant enough to attract sanction for the purposes of protecting the public. A finding of ‘unsatisfactory conduct’ is not required in every case, even where error is shown. The question is not whether error was made, but whether the conduct in question was an acceptable discharge of prof...

8. M (C M Trust) v Tower Insurance Ltd [2019] CEIT-2019-0012 [pdf, 213 KB]

   ...party has yet to, or has failed to, fully disclose all documents in its possession or control that are relevant to the claim. The Documents sought [11] The Applicants seek further discovery of specified documents from Tower. They have taken care to particularise those documents they seek. They say that such documents are or may be relevant to issues before the Tribunal because they relate to their claim that Tower wrongly declined their requests to take steps to protect the dwell...

9. Auckland Standards Committee 4 v Holdaway [2023] NZLCDT 8 (6 April 2023) [pdf, 150 KB]

   ...herself at that hearing. [2] When we first came to hear the penalty phase of the matter, we were persuaded by Ms Holdaway’s then counsel to adjourn so “she could file further evidence and assemble a cohesive case”2. Nonetheless, our duty “to protect the interests of the public and thereby maintain public confidence in the provision of legal services”3 caused us to suspend her from practice. We gave a reasoned decision to explain our reasons. It was not done lightly. [...

10. Auckland Standards Committee v Comeskey [2010] NZLCDT 19 [pdf, 121 KB]

    ...and Conveyancers Act 2006 (“the Act”) being conduct that occurred between 1 September 2008 and 31 August 2009 when Mr Comeskey was providing regulated services and was conduct that consisted of a wilful or reckless contravention of the Client Care Rules in relation to his instruction to act as assigned counsel for Ms F. (b) Auckland Standards Committee 1 of the New Zealand Law Society charged Mr Comeskey with misconduct pursuant to ss 241(a) and - 3 - 7(1)(a)(i) of the...