Search Results

1. 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...

2. [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...

3. 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...

4. Reducing residential burglary: what can police do? [pdf, 1.1 MB]

   ...different parts of the area. • Update lists daily. • Produce a matrix which cross-references each prolific offender with their bail conditions and risk factors and update this daily. • Record bail conditions, notings, and action on breaches carefully and accurately, and update these daily. Bail checks – Other • Prepare activity reports on the basis of completed curfew sheets and discuss at training sessions and crime meetings. • Design bail conditions for youth offenders to...

5. 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...

6. 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...

7. [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...

8. 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...

9. Gray v Tulip Holdings Ltd [pdf, 176 KB]

   ...18 LIABILITY FOR LOSS CAUSED BY THE CLAIMANTS’ DWELLING BEING A LEAKY BUILDING 21 The liability of the First respondent, THL, in contract 21 The liability of the Fifth respondent, Brown Day, in tort 25 • The standard of care 27 • Evidence of the standard 27 • The standard of plans and specifications generally 29 • The standard of the plans and specifications of Brown Day 35 CLAIM NO.00499 – GRAY DETERMINATION.doc 3 •...

10. Proactive release - Sexual violence response [pdf, 7.7 MB]

    ...protections of our system. Finally, I propose to reconsider the definition of ‘consent’ and the continuing role of juries in sexual violence trials. Change in these areas could involve significant shifts in the way our system deals with sexual offending. Careful consideration would be given to any impact on defendants’ fair trial rights, and the wider impact on the criminal justice system. Background Responding to family and sexual violence is a priority 9. There is a growing so...