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1. Canterbury Westland Standards Committee v Woulfe [2017] NZLCDT 5 [pdf, 122 KB]

   ...affairs to legal practitioners are entitled to know that a professional disciplinary body will not treat lightly serious breaches of expected standards by a member of the profession.” [26] It was urged upon us by both opposing counsel that the protection of the public was not a significant factor in this case because Mr Woulfe is no longer practising. As to that Daniels had this to say:2 “It will not always follow that a practitioner by disposing of his practice and undertaking...

2. Technical report of Parenting Hearings programme pilot [pdf, 1 MB]

   The Parenting Hearings Programme Pilot: Evaluation Technical Report The Parenting Hearings Programme Pilot: Evaluation Technical Report Trish Knaggs and Anne Harland Research, Evaluation and Modelling Unit September 2009 2 The Parenting Hearings Programme Pilot: Evaluation Report - Technical Report Published September 2009 Ministry of

3. LCRO 9/2024 & 12/2024 QB v WF and SY & WF and SY v QB (27 June 2024) [pdf, 1.3 MB]

   ...clients together as the respondents, to respondent Ms SY as “Ms X” and to respondent Mr WF as “Mr Y”. I will also refer to the Lawyers and Conveyancers Act 2006 as “the Act”, to the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 as “the Rules” and to the New Zealand Law Society as the NZLS. Background [4] The respondents worked for the same employer and in the same area of work. From mid-2015, the employer advised staff of a restructuring p...

4. Yasin & Anor v Hammadieh Sanctions decision [2015] NZIACDT 4 (04 January 2015) [pdf, 172 KB]

   ...standards of conduct are maintained in the occupation concerned.” [8] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [8.1] Protecting the public: section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [8.2] Demanding minimum standards of conduct: Dentice v Valuers Registrat...

5. Graves v CAC 2003 & Langdon [2012] NZREADT 41 [pdf, 32 KB]

   ...listing agreement which imposed unfair conditions on sellers to such an extent that the listing agreement is in breach of s.131 of the Real Estate Agents Act 2008 (about right to cancel after 90 days) and r.9.12 of the Professional Conduct and Client Care Rules 2009 (an agency agreement is not to contain conditions which are not reasonably necessary to protect the interest of the agent). [6] The complainant included with his complaint a copy of an agreement dated 6 December 2010, enter...

6. Auckland Standards Committee v Castles [2014] NZLCDT 8 [pdf, 77 KB]

   ...previous disciplinary history “may demonstrate that the practitioner lacks insight into the causes and effects of such behaviour, suggesting an inability to correct it. This may indicate that striking off is the only effective means of ensuring protection of the public in the future.” [18] The Tribunal of five members unanimously reached the view that no penalty short of strike off could properly reflect the seriousness of this practitioner’s misconduct and ensure future prot...

7. Gartrell v NZLS [2012] NZLCDT 25 [pdf, 98 KB]

   ...have regard to the factors set out in s 41 of the Act which itself imports s 55 factors and includes any other matters thought appropriate. [4] Those factors must be considered in the light of the purposes of the Act which is concerned with the protection of consumers of legal services and the maintenance of public confidence in the provision of legal services. [5] The history of this matter will explain the cautious approach taken by the Society and I am going to use the chronolo...

8. CAC 20004 v Gardiner [2014] NZREADT 65 [pdf, 36 KB]

   ...executed and he would not therefore have needed to tell him to get rid of any stolen property had he stolen it. He said that he had been annoyed by Miss Dufty’s boys’ behaviour for many years. He said his concern was as a stepfather to try and protect his stepson from the potential discovery of cannabis, not to prevent the Police from finding any stolen property. 3 [7] Mr McCoubrey and Mr Waymouth both agree that the test as to whether or not the sending of the text amounts...

9. REAA CAC 10054 v Hume [2014] NZREADT 10 [pdf, 82 KB]

   ...that he reacts to issues belligerently and unprofessionally, and obsessively insists on what he regards as his rights.” [17] It is well established that decisions of disciplinary Tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is not their purpose; Z v CAC [2009] 1 NZLR 2; CAC v Walker [2011] NZREADT 4. [18] We accept that, given the...

10. BORA Border Processing (Arrivals and Departures) Levy Bill [pdf, 302 KB]

    ...unreasonable search and seizure 15. Section 21 of the Bill of Rights Act affirms the right to be secure against unreasonable search or seizure. The right applies only in respect of those activities which constitute a “search or seizure”. Further, s 21 protects only against those searches or seizures that are “unreasonable” in the circumstances. 16. The Bill expands the existing compliance audit regime in ss 141A-141D of the Biosecurity Act to apply to the new levy introduced b...