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1. Te Ariki o Kahukura v Moore – Manukorihi 1B Section 2 (2013) 313 Aotea MB 254 (313 AOT 254) [pdf, 95 KB]

   ...land. The Registrar will provide an appropriate draft trust order to the parties for their consideration as soon as possible. [13] A related consideration, as foreshadowed, is the occupancy of the dwelling by Mr Ngaia and, I understand his primary care-giver, Ms Moore. Prudent trustees will ensure that at the very least the rates and insurance for the dwelling are paid, as it is said they have been, given that one of their principal duties is to protect the assets of the trust. The...

2. KL v WS LCRO 160/2013 Penalty (15 June 2016) [pdf, 38 KB]

   ...Mr KL. Purposes of the Act [3] The approach when considering whether to make orders, and if so, which orders to make, is guided by the purposes of the Act. Those include maintaining public confidence in the provision of legal services and protecting consumers of legal services such as Mr KL. Section 156 [4] Section 156 provides for a range of orders to be made as a consequence of a finding that a practitioner’s conduct has been unsatisfactory pursuant to s 12 of the Act....

3. Williamson v Tangilanu [2012] NZIACDT 18 (8 May 2012) [pdf, 95 KB]

   ...penalty for both matters must reflect the overall conduct. [3] The facts and background are set out in the earlier decision upholding this complaint, dated 28 March 2012. The key findings were: [3.1] Ms Tangilanu systematically failed to act with care, diligence and professionalism in performing her services, by ignoring the requirements of the Code. [3.2] She failed to commence her professional engagement as a licensed immigration adviser with a written agreement, as the Code require...

4. Government Response to Law Commission report on the Review of the Privacy Act 1993 [pdf, 84 KB]

   ...6 See recommendations 30, 31, 99, 130 and the eight recommendations in Appendix 1. See also http://www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/domestic-human- rights-protection/privacy-act-1993/privacy-information-sharing-bill/privacy-information-sharing-bill for the relevant Cabinet papers. 7 Recommendation 91 8 Recommendations 83, 84 and 92(b) 9 Recommendations 4, 9, 15, 24, 34, 85, 92(a), 94, 95, 96,...

5. BORA Limited Partnerships Bill [pdf, 316 KB]

   ...otherwise." 13. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 14. Clause 71 (Registrar’s powers of inspection) confers a power on the Registrar, or a person authorised by the Registrar, t...

6. Auckland Standards Committee 5 v Hong [2019] NZLCDT 40 [pdf, 129 KB]

   ...Tribunal as appropriate. We do not find that the costs claimed are unreasonable. [20] We are persuaded by the submissions of Mr Collins that the penalties sought are those that should be imposed in this case. His submissions are comprehensive, careful and supported by authority. We adopt them as our reasons for making the following orders: (a) Mr Hong is suspended from practice for a period of three months, pursuant to s 242(1)(e) of the Act. (b) An order prohibiting Mr Hong...

7. KL v WS LCRO 160/2013 (15 June 2016) [pdf, 89 KB]

   ...another person. It appears to be the case that any money paid to a barrister sole that has not been the subject of an invoice for services provided can only be held on behalf of that other person. [41] Money held in a solicitor’s trust account is protected by regulations that only apply to trust accounts. Barristers sole expose themselves and any other person on whose behalf they hold money, to a range of potential difficulties by holding money in advance of issuing an invoice for...

8. CD and Anor v GH LCRO 98/2013 (3 August 2016) [pdf, 102 KB]

   ...[GH] had contravened s 110 of the Lawyers and Conveyancers Act 2006 (the Act), Lawyers and Conveyancers Act (Trust Account) Regulations 2008 reg12(6) and rules 3, 10, 10.3 and 10.3.2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 which say: Section 110 110 Obligation to pay money received into trust account at bank (1) A practitioner who, in the course of his or her practice, receives money for, or on behalf of, any person— (a) must ensure that...

9. LCRO 137/2023 FK v QT (10 June 2025) [pdf, 222 KB]

   ...contemporaneous decision deals with the rest of the applicant’s complaints against the associate. What gave rise to the complaint? [5] The applicant was a recently qualified lawyer who represented himself in relationship property, family violence and care of children proceedings before the Family Court, principally because he could not afford a lawyer. He had no experience in the field. [6] The respondent and the associate represented the wife between June 2020 and September 2022...

10. [2018] NZSSAA 25 (25 May 2018) [pdf, 264 KB]

    ...Mr K Callinicos, Willis Legal, XXXX For Chief Executive of the Ministry of Social Development: Ms E Kirkman INTERIM DECISION Background [1] In certain circumstances, older persons are required to pay for their own long-term residential care; but, if they are not able to do so, funding is provided under the Social Security Act 1964 (the Act). In this case, the appellant is receiving care, and the dispute concerns whether her assets include the value of her former home. That...