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1. LCRO 158/2024 USP v FTC (30 June 2025) [pdf, 524 KB]

   ...Mr USP’s complaints. [29] Mr USP and Mr FTC were invited to make submissions to the Committee on the following: (a) Whether Mr FTC breached his obligations under rr 3.4 and 3.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) 4 Rules 2008 (the Rules) in not providing a letter of engagement and other client care and service information prior to undertaking work on Mr USP’s behalf with respect to his dispute with BQQ Ltd; and (b) Whether Mr FTC failed...

2. LCRO 143/2020 TJ v YY (16 December 2021) [pdf, 230 KB]

   ...[2016] NZHC 361, [2016] NZAR 475 at [2]. 9 to provide advice to Ms YY on the issue as to whether Mr OW’s sisters had realistic prospect of challenging the brother’s will, he lost sight of the fact that his primary obligation was to preserve, protect and promote the interests of his client. [42] I think it unfortunate that Mr TJ characterised Ms YY’s apparent failure to inform him that all of the bank accounts had been transferred into joint names, as being conduct which wa...

3. CAC 20004 v Kolich & Anor [2014] NZREADT 66 [pdf, 124 KB]

   ...BCL 1093 3 [c] He be censured. [d] He give an apology to the Croation Cultural Society and he undergoes such further education and training as required to address his obligations under the Act. [7] Having considered this matter carefully, the Tribunal determine that for the reasons set out in our earlier judgment this was a serious breach of Mr Vithal’s obligations as an agent. However he did not appear to recognise this failure. [8] The Tribunal therefore consider...

4. LCRO 247/2015 TL v CS (19 July 2017) [pdf, 240 KB]

   ...Email CS to Legal Complaints Review Officer (LCRO) (17 December 2015). 12 At [5] and [7]. 7 all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [25] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that ne...

5. LCRO 35/2018 MR v GB (4 April 2019) [pdf, 266 KB]

   ...manner that amounts to professional misconduct. In the context of a person who practises alone, the likely consequence of other practitioners not accepting his undertaking is severe. [67] The authors of the text also refer to a censure as being protective of the reputation of the profession in that it is seen to be the precursor to publication of a practitioner’s name. [68] Publication is not proposed in this instance, but the seriousness of a censure is reinforced by these com...

6. Auckland Standards Committee 1 v Arman [2019] NZLCDT 18 [pdf, 340 KB]

   ...3.5, 9.5, 11, 13 and 13.1. Applicable Principles [35] The purpose of the imposition of a penalty on a practitioner in disciplinary proceedings is not a punitive one. Primarily, the Tribunal has regard to the purposes of the legislation – protection of the public and protection of the reputation of the profession in the eyes of the public and the upholding of professional standards. [36] Purposes of rehabilitation, denunciation and deterrence are borne in mind. [37] So, also,...

7. [2024] NZREADT 16 TG v CAC 2204 & XW (5 June 2024) [pdf, 243 KB]

   ...principal agent. The complaint was referred to Complaints Assessment Committee 2204 (the Committee). The Committee decided on 26 September 2023 that, while the principal agent had breached the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules), it would take no further action. It is from this decision that the neighbour appeals. BACKGROUND [3] The complaint concerns the website advertising of the motel, located in a provincial city. TG, the ne...

8. LCDT Annual Report 2024 [pdf, 477 KB]

   ...of recent High Court and Court of Appeal decisions on disciplinary issues. New members are inducted by the chairperson, with a full review of the governing legislation, procedural rules and court etiquette. Ethical duties of members are also carefully outlined, as are evidential rules and the rules underlying natural justice. A training day was held in Auckland, on 5 October 2023. The training was run by the Chair and Deputy Chair, with the help of an external facilitator fo...

9. Auckland Standards Committee v ABC [2012] NZLCDT 14 [pdf, 181 KB]

   ...letter of instruction and had received a certificate from the practitioner confirming that the cover was in place. The committee suggested that the practitioner had treated the certificate “lightly”. Certainly, it was clear she had not taken careful account of what it said and what, as a result, she was certifying. [19] For the practitioner it was acknowledged that she had failed to take proper care in signing a solicitor’s certificate which contained a term with which she...

10. BORA Coroners Bill [pdf, 21 KB]

    ...Zealand Bill of Rights Act extends to seizure of persons. However, the power of the coroner is discretionary. Clause 68 ensures that witnesses giving evidence have the same privileges and immunities as witnesses in courts of law. Accordingly, the rights protected by ss 23 and 25 of the New Zealand Bill of Rights Act are not infringed. 5.5 Clause 110 confers a power upon the coroner to require the provision of information. However, pursuant clause 68, persons upon whom notices are served...