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1. OY v QS LCRO 66 / 2011 (28 August 2012) [pdf, 80 KB]

   ...and sought “the assistance of the New Zealand Law Society in reviewing Mr QS’ involvement with Mr QR, myself and the entities with which we are associated, and in particular a ruling as to whether he has breached the rules of conduct and client care for lawyers.”1 The Standards Committee determination [11] After considering all of the material provided, the Standards Committee determined pursuant to section 138(1)(f) of the Lawyers and Conveyancers Act 2006 to take no furthe...

2. LCRO 34/2020 KL v OP (4 August 2020) [pdf, 147 KB]

   ...discretions the trust deed created for the trustees in a way that meets Mr KL’s preferences. [6] Mr KL’s complaint about Mr OP’ conduct from 2016 on is as follows: OP – Family Lawyer, our family trust independent trustee a. Failure of duty of care b. Breach of trust deed by acts of omission c. Breach of fiduciary duty to act in best interest of beneficiaries, particularly as it relates to providing for the well-being of the sole primary beneficiary, our 7-year-old son [7...

3. [2020] NZSSAA 23 (20 November 2020) [pdf, 263 KB]

   ...The Ministry accepts the appellant’s circumstances as set out in her Notice of Appeal and the brief of evidence she filed. The Ministry does not dispute that the appellant who is Māori is obliged to retain her tenancy in Nelson to provide care for her mokopuna (granddaughter) who has been declared by the Family Court to be a child in need of care and protection. The Ministry accepts the appellant’s calculation of her employment related costs. [5] The issue for the Authori...

4. KX & MC v FK [2024] NZDT 665 (16 August 2024) [pdf, 259 KB]

   ...previously helped care for him at his home by way of regular visits. She helped him by purchasing daily necessities for BN, such as groceries, which she paid for using BN’s bank card which was usually kept at BN’s home. MC currently lives with BN and cares for him. MC has trespassed FK from BN’s home, so FK cannot currently visit BN. 3. On 9 October 2023, Dr N, a general practitioner at [a medical centre], [City 1], assessed BN to ascertain his mental capacity for the purpose of...

5. LCRO 183/2020 DX v SQ (26 February 2021) [pdf, 260 KB]

   ...[date] where, two days later, he was diagnosed with cancer. [5] On [date], when visited by two representatives from the Public Trust, HX told them he had made another will since the 1998 will.1 [6] He returned home from hospital on [date]. A care roster was agreed whereby Mr DX and MX on the one hand, and YX and RX on the other would take turns looking after HX. On [date], MX overlooked telling YX and RX about a change in the roster. This led to an overlap, and to YX sending...

6. Turner v University of Otago (Costs) [2021] NZHRRT 48 [pdf, 250 KB]

   ...Tribunal’s discretion to award costs must promote, not negate the objects of the relevant statute under which it has jurisdiction. In that case the purpose of the Human Rights Act 1993 (HRA), as expressed in the Long Title, was noted to be the “better protection of human rights in New Zealand in general accordance with the United Nations Covenants or Conventions on Human Rights”. The purpose of the Privacy Act 1993 (PA 1993), as explained in the Long Title, included the promotion a...

7. LCRO 109/2023 W and F JM v EB and MK [pdf, 221 KB]

   ...conduct that potentially falls within the ambit of the rule. One of the examples given is “registering a caveat on a title to land knowing that (or failing to inquire whether) there is not a ‘caveatable interest’ on the part of the client to be protected” (sic). [42] The reason this is given as an example in the footnote to the rule is that there is case authority and commentary on the obligations of a lawyer in receiving instructions to lodge a caveat, as discussed below. [...

8. [2020] NZIACDT 50 - KX v Ji (2 December 2020) [pdf, 225 KB]

   ...immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice. [33] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:5 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish...

9. LCRO 139/2017 ML v OP QR [pdf, 290 KB]

   ...Act, which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [29] 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 necess...

10. Alchin and Scott TRI 2020-100-001 [2022] NZWHT AUCKLAND 01 [pdf, 374 KB]

    IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2020-100-001 [2022] NZWHT AUCKLAND 01 BETWEEN ROSEMARY ALICE ALCHIN and SIMON FRANCIS SCOTT Claimants AND HAMILTON CITY COUNCIL Respondent Hearing: 6 and 7 May 2021 and 21 October 2021 Closing submissions: Claimants 11 November 2021 Respondents 25 November 2021 Claimants reply 2 December 2021 Appearances: Scott McKenna and Amin Osama for the claimants Paul Robertson and John Tian for the first respondent