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1. LCRO 130/2018 UH v OB (12 February 2020) [pdf, 165 KB]

   ...[1] Mr UH has applied for a review of the determination by [City] Standards Committee [X] (the Committee) to take no further action in respect of his complaint about Mr OB. The Committee’s determination was made following consideration of a careful and detailed report by Mr TD, which was commissioned by the Committee pursuant to s 144 of the Lawyers and Conveyancers Act 2006 and r 33 of the Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regula...

2. [2023] NZIACDT 10 - NG v Murthy (15 March 2023) [pdf, 217 KB]

   ...It will also be assessed later. ASSESSMENT [29] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Written agreements 18. A licensed immigration adviser must ensure that: a. when they and the client decide to proceed, they provide the client with a written agreement File management 26. A licensed immigratio...

3. [2022] NZIACDT 21 - CT v Nandan (18 August 2022) [pdf, 215 KB]

   ...in the Tribunal alleging breaches by Ms Nandan of the Code: (1) Failing to inform the complainant of her change in licence status from an immigration adviser to a lawyer, in breach of the obligation to be diligent and conduct herself with due care in cl 1. (2) Failing to provide an invoice to the complainant for his payment of $2,000, in breach of cl 22. (3) Failing to provide a refund to the complainant, in breach of cl 24(c). (4) Failing to advise the complainant of the termin...

4. Auckland Standards Committee v Garrett [2011] NZLCDT 29 [pdf, 87 KB]

   ...interest (which include “protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases. Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate respo...

5. [2013] NZEmpC 214 South Pacific Ltd v Tian [pdf, 75 KB]

   ...Ltd [2011] NZEmpC 139. 3 Regulation 6(2)(a)(ii). 4 EMC Auckland AC15/07, 27 March 2007. overall interests of justice, having regard to the particular circumstances of the case before it. The interests of both parties must be weighed carefully. [7] As the Court of Appeal observed in A S McLachlan Ltd v MEL Network Ltd: 5 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken a...

6. MS v HF LCRO 183/2013 (30 October 2014) [pdf, 42 KB]

   ...cost principle is that the successful party is entitled to costs. It would be unlikely that the Court would award excessive costs in circumstances where it considered that the successful parties counsel had caused unnecessary delay. [37] Having carefully considered all the material on both the New Zealand Law Society and Legal Complaints Review Office files, and the relevant Rules of Conduct, I find no breach of the Rules and therefore endorse the conclusion of the Standards Comm...

7. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

   ...and • Establish a new register to record name changes for overseas born people living in New Zealand. ISSUES OF INCONSISTENCY WITH THE BILL OF RIGHTS ACT Section 19: Freedom from Discrimination 5. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993. These grounds include age and marital status. 6. In our view, taking into account the various domestic and o...

8. GX v TF LCRO 54 / 2011 (9 February 2012) [pdf, 64 KB]

   ...transaction did not go as smoothly as the Applicant may have wished, but I cannot see that this was caused by any wrongdoing on the part of the Practitioner. [20] The Applicant further contended that the Practitioner appeared more concerned about protecting his own risk than the business of the Applicant. This referred to 5 advice given by the Practitioner about appointing an independent trustee, and also steps taken by the Practitioner when the Applicant and his wife separa...

9. Auckland Standards Committee 2 v Aitken [2020] NZLCDT 13 [pdf, 131 KB]

   ...offending or of the practitioner, then, if appropriate, considers relevant authorities before making an assessment about a proportionate response. [17] The Tribunal must, in assessing penalty, be mindful of the purposes of the Act which are the protection of the public and the maintenance of confidence in the provision of legal services. [18] Penalty in professional discipline cases is not imposed for punitive purposes, although it is recognised that there can be punitive outcome...

10. [2022] NZEmpC 26 Tupe v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 192 KB]

    ...succeed.4 The Court has a broad discretion to consider whether security for costs should be ordered. In exercising that discretion, regard must be had to the overall justice of the case and the respective interests of both parties need to be carefully weighed up.5 That balancing exercise was summarised by the Court of Appeal in AS McLachlan Ltd v MEL Network Ltd as follows:6 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an...