Search Results

1. K v N [2013] NZREADT 111 [pdf, 91 KB]

   ...should give s 136 a more liberal interpretation so that a licensee must notify any party where a potential conflict arises, rather than only in circumstances where a transaction is about to be entered into. [23] The Tribunal have considered this carefully. It is certainly true that the Tribunal should not give an unduly restrictive interpretation to the Act. However s 136 clearly sets out the steps required of an agent and it specifies that there must be some transaction which trigger...

2. LCRO 184/2021 PW v QM (21 March 2023) [pdf, 184 KB]

   ...Standards Committee determination [11] The Committee identified two issues to be addressed:4 a) Were the fees charged fair and reasonable for the services provided? (rule 9 and 9.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (RCCC)); b) Did Ms QM use legal processes only for proper purposes? (rule 2.3 of the RCCC). Fees [12] Before addressing the complaint about the quantum of Ms QM’s fees, the Committee posed the question as to whether M...

3. HU & DU v I Ltd & CJ Ltd [2024] NZDT 598 (9 August 2024) [pdf, 232 KB]

   ...mislead the public as to the characteristics and suitability for purpose of their AWD vehicle. 8. I am satisfied that the applicants have experienced a loss because of I Ltd’s conduct. Did CJ Ltd fail to provide a service with reasonable care and skill? 9. The Consumer Guarantees Act 1993 requires suppliers to carry out services to consumers with reasonable care and skill. HU and DU believe CJ Ltd should have known that four tyres needed to be replaced on their AWD vehicle a...

4. WC VB UA v WC VB UA LCRO 189/2012, 184/2014, 180/2012 & 190/2012 (10 September 2015) [pdf, 83 KB]

   ...Probate was granted on 18 September 2009. [13] On 20 May 2010 Ms UA wrote to Mr WC on behalf of herself and Mr and Mrs VB, seeking compensation from Mr WC in respect of the loss they had suffered “as a result of [Mr WC] breaching [his] duty of care owed to each of [them]”. In the letter Ms UA referred in some detail to the Court of Appeal judgment in Gartside v Sheffield, Young and Ellis.2 1 WC submissions to LCRO (24 August 2015)...

5. AF v BN LCRO 166 / 2011 (25 July 2013) [pdf, 144 KB]

   ...be conduct 13 Above n6. 14 Above n6 at 811. 13 which departs from acceptable professional standards. That departure must be significant enough to attract sanctions for the purposes of protecting the public. Such protection is the basis upon which registration under the Act, with its privileges, is available. I accept the submission of LQ that a finding of conduct unbecoming is not required in every case where error is s...

6. AZ v ZT LCRO 100/2013 (6 May 2014) [pdf, 173 KB]

   ...giving the direction. [48] In deciding whether to refer the fees part of Ms ZT’s complaint back to the Committee, it is important to consider the Act’s general purposes of maintaining public confidence in the provision of legal services and protecting consumers of legal services. In addition, Part 7 of the Act envisages that providing for a more responsive regulatory regime in relation to lawyers contributes to achieving the purposes set out in s 3(1). The regulatory regime

7. Central Standards Committee 3 v Sawyer [2022] NZLCDT 38 (28 October 2022) [pdf, 222 KB]

   ...unsatisfactory conduct. 2 Exhibit 2 to affidavit of K L Corbett 23 March 2022. 3 Section 7(1)(a)(i) Lawyers and Conveyancers Act 2006 (the Act). 4 Section 7(1)(a)(ii) of the Act and rules under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules) 2008. 5 Section 7(1)(b)(ii) of the Act. 3 [5] This decision is organised under the issues: • What was Dr Sawyer’s conduct? • Is it misconduct? • What is the appropriate penalty response? What was...

8. LCDT Annual Report 2025 [pdf, 509 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. Administration The Tribunal’s Case Manager, Ms Susan Knight has continued to efficiently co-ordinate all of the administration including the c...

9. Complaints Assessment Committee 412 v Grewal, Preet & Co Real Estate Limited, Voordouw & Mason [2018] NZREADT 47 [pdf, 314 KB]

   ...of the Agency1 he signed trust account reconciliations that were incorrect; and [b] a charge under s 73(c) of the Act (charge 5), alleging a wilful or reckless breach of r 7.2 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), in that he failed to make a report to the Real Estate Agents Authority (“the Authority”) when he had reasonable grounds to suspect that Mr Grewal had been guilty of misconduct. In the alternative, Mr Vo...

10. LA - Reference - Supervised provider - Part 3b [pdf, 536 KB]

    ...for the following areas of law as a supervised provider: Please ensure you mark your preferences clearly Legal Aid Services Civil Criminal Family Mental Health Māori Land Court, Māori appellate Court or Waitangi Tribunal Refugee and Protected Persons reference Supervised provider PArt 3b MOJ0052.3B-June13_reference SuperviSed provider Page 2 / 6 PART 3B – SeCTion 2 Information for referees The information you provide in this form is for the purpose of assessing...