Search Results

1. Guest v New Zealand Law Society [2010] NZLCDT 16 [pdf, 69 KB]

   ...Tauranga firm (the $100 matter) in exchange for what he saw as a commitment by the Law Society, endorsed and accepted by the Tribunal, to not inquire further into his employment in Tauranga. [24] Mr Guest acknowledged that he had relied on carefully worded answers to precise questions and a carefully worded affidavit to, in his submission, provide evidence confined to reasons for leaving his employment in Tauranga without lying to the Tribunal in either the preliminary telecon...

2. LCRO 251+257+258+259+260+261/2015 TS Trust v WK, VH, Ql, IV, ZG (13 June 2018) [pdf, 220 KB]

   ...was a clear conflict between the interests of Ms KJ and the interests of the law firm. Mr WK should have insisted that Ms KJ have independent advice. By failing to do so, Mr WK has breached both rr 5 and 5.4. [37] Rule 6 requires a lawyer to “protect and promote the interests of the client to the exclusion of the interests of third parties”. That includes excluding the interests of the law firm. The irrevocable instructions included provisions which protected the interest of...

3. [2019] NZCAA 2 (26 February 2019) [pdf, 275 KB]

   ...declarations used by the customs broker, Customs has sought recovery of the unpaid GST and duty from them. Those elements are not controversial, however some of the circumstances are contentious: [6.1] Customs say the appellants failed to take adequate care, and criticises them for not making their own inquiries, and for that reason say they should bear some of the responsibility. [6.2] Customs has an ongoing investigation, and was reluctant to provide evidence of the respective...

4. LCRO 125/2019 AB v CD and EF (3 June 2021) [pdf, 238 KB]

   ...for G, having previously acted for Mr AB jointly with G. He says that Mr EF should either have declined to act for G, or obtained his informed consent to his doing so. [11] Mr AB says that Mr EF has breached r 6.1.2 of the Conduct and Client Care Rules.4 In addition, Mr AB says that even if he had provided informed consent, Mr EF was nevertheless in breach of r 6.1.3 because Mr EF breached his duty to Mr AB by using information gleaned from Mr AB during the time that Mr EF had a...

5. YM v RP LCRO 238/2012 (31 March 2016) [pdf, 54 KB]

   ...a representative from the organisation Aged Concern. Ms RP’s statement was not in the form of a formal affidavit. The statement was not signed. The statement is clearly recorded by Ms RP to be a presentation of her views. [34] I have given careful consideration to the statement made by Ms RP, and the criticisms Mr YM raises. [35] A significant component of Ms RP’s statement is factual and non-contentious. [36] Matters raised in the statement which led to allegation of misleadin...

6. BORA Eden Park Trust Amendment Bill [pdf, 253 KB]

   ...‘mentally disordered’ within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 (‘MH(CAT)’). Clause 20.9(e) provides that an individual is similarly incapable if she or he is the subject of an order under the Protection of Personal and Property Rights Act 1988 (‘PPPRA’). Clause 20.8(d) provides that the appointment of a Trustee shall be vacated if the Trustee is incapable of holding office for the reasons set forth in clause 20.9. 9. For purp...

7. Jonas v The Real Estate Agents Authority (CAC 412) and Hartnett [2019] NZREADT 002 [pdf, 326 KB]

   ...assistance because the licensee was of the belief that the correct way to deal with the present transaction was to ignore the requirements of Schedule 2 and leave the table uncompleted. To depart from an agreed standard form template which had been carefully considered by persons knowledgeable about these matters, was an unsatisfactory decision and one by which the licensee exposed his principal to the potential of losing substantial amounts of money. The decision of the Committ...

8. LCRO 63/2020 SJ - Application for review of a prosecutorial decision (28 September 2020) [pdf, 124 KB]

   ...Mr SJ advised that he has immediately removed all entries on the internet referring to his firm and that he did not sell his practice to anyone. He advises that he has referred many clients to local firms of solicitors. In these circumstances, protection of the public is no longer an issue if there were to be any concerns about Mr SJ. [29] Finally, Mr SJ advises that he has suffered ill health in recent times, necessitating hospital care for some weeks. There is no doubt that ref...

9. [2020] NZIACDT 39 - IK v Tian (23 September 2020) [pdf, 213 KB]

   ...1.5 failing to provide the complainant with invoices for her services and disbursements; and 1.6 failing to provide the complainant with receipts for cash payments. (2) Alternatively– 2.1 failing to conduct herself with diligence and due care in giving advice and updates to the complainant, in breach of cl 1; 2.2 failing to provide the complainant with a written agreement for her services, in breach of cl 18(a); 5 2.3 failing to provide the complainant with invoices for...

10. LCRO 1/2023 EL v OX (17 December 2024) [pdf, 176 KB]

    ...powers granted to it by the mortgagor under any agreement. [53] The provisions of the clause do not grant Bank A an Enduring Power of Attorney to act on behalf of EL to take whatever action the bank pleases. I refer EL to the provisions of the Protection of Personal and Property Rights Act 1988 for him to verify what is needed to create an Enduring Power of Attorney. [54] EL’s concerns result from a misunderstanding of the terms of clause 15 of the Memorandum. Conflict of inte...