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1. Iosefa v New Zealand Law Society [2024] NZLCDT 26 (28 August 2024) [pdf, 119 KB]

   ...profession. (c) The evaluation of whether an applicant meets the standard is a forward looking exercise. The Court must assess at the time of the application the risk of future misconduct or of harm to the profession. The evaluation is accordingly a protective one. Punishment for past conduct has no place. (d) The concept of a fit and proper person in s 55 involves consideration of whether the applicant is honest, trustworthy and a person of integrity. (e) When assessing past con...

2. ENVC paper Judicial perspective mobile devices in court 2013 [pdf, 40 KB]

   ...not offering the intuitive qualities of Apple iPads, and do not offer the ease of use that is so important for “users of a certain age”. I understand that there are some security limitations with these devices. Security stops at password protection (not encryption). Having said that, I have not yet investigated options, for instance I understand there is an App called iFortress. Meantime, I simply do not use the iPad to draft judgments (I don’t want to leave it on the plane c...

3. Vucich & Anor v CAC306 & Ors [2015] NZREADT 54 [pdf, 172 KB]

   ...6 quite some thought decided as we did. Accordingly, we did not accept the cross- appeal on penalty just as we had not accepted the case for the appellant vendors on penalty. We take the view that, in our penalty decision of 22 May 2015, we carefully covered all appropriate submissions and issues. We also recorded the salient parts of the Committee’s decision which is rather critical in its concerns about the conduct of the licensees. [18] Essentially, Mr Napier is putting it...

4. Wellington Standards Committee v Skagen [2014] NZLCDT 82 [pdf, 173 KB]

   ...conduct. We note also that it was sustained. We have also had regard to the practitioner’s arrogance in his response to the investigation. We have no confidence that he will not behave in a similar manner in the future. The public is entitled to protection from him. [35] The practitioner has been the subject of earlier charges. The Disciplinary Board of the Supreme Court of the State of Oregon found that the practitioner had breached Rules of Professional Conduct by failing...

5. Auckland Standards Committee 5 v Van Noort [2017] NZLCDT 21 [pdf, 286 KB]

   ...in respect of their small farm property, and on which he was to embark on a wine growing enterprise. [5] The practitioner has acknowledged that in doing so he breached Rule 5.4.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 which expressly prohibits a lawyer from acting for a client in any transaction in which the lawyer has an interest. That prohibition is eased if the matter is not contentious and also if the interests of the lawyer and clie...

6. [2017] EmpC 155 Quality Consumables v Hannah [pdf, 150 KB]

   ...outcome of the proceedings presently in the High Court may be predictable. Concern also needs to be expressed about the position of a director continuing to trade a company when it is clearly insolvent.4 I note in that context that Mr McCormick carefully makes a distinction between cashflow and liquidity. Of course, the plaintiff has filed no evidence in opposition to the application for security for costs to verify the assertions made on its behalf. Also, very little, if any, e...

7. Abellera v Elizabeth [2017] NZIACDT 17 (20 Sept 2017) [pdf, 153 KB]

   ...available for repayment. [13] This Tribunal has also repeatedly found that where an agreement fails to properly establish the terms of a professional engagement, often the whole fee must be refunded. That is because the client has not had the protection extended by the client engagement rules in the Code of Conduct. [14] This Tribunal has also considered attempts to force a client to withdraw a complaint they have made to the Authority. It has found that when an adviser offers p...

8. Wellington Standards Committee 2 v McDonnell [2022] NZLCDT 18 (13 June 2022) [pdf, 112 KB]

   ...under s 242(g). Ms Pender argued such an order could have symbolic value, but we find that to be unnecessary. In this case there is no prospect of rehabilitation because Mr McDonnell will not practise law again. Thus, there is no future need to protect the public. Our condemnation can satisfactorily be reflected in the terms of this decision, and in censure, compensation and costs. [24] Mr Turkington sought an order for name suppression for Mr McDonnell under s 240 of the Act....

9. Bennett - Estate of Ronald Clifford Bennett (2017) 156 Waiariki MB 250 (156 WAR 250) [pdf, 241 KB]

   ...(2) The court shall not make an order under this section in favour of any person whose claim, in the opinion of the court, fell or falls within the jurisdiction of the High Court under the Law Reform (Testamentary Promises) Act 1949 or the Family Protection Act 1955. 156 Waiariki MB 260 (3) In enacting this provision, Parliament has in mind particularly the possibility of injustice arising in individual cases from the prohibitions enacted by this Act against the alienation o...

10. Regulatory Systems Amendment Bill [pdf, 218 KB]

    ...ensuring that a company does not have to lose its licence when it loses its agent license holder. 46. Explicitly include a requirement that a temporary licensee be a ‘fit and proper person’ to hold a licence. Ensure consumers are protected and maintain public confidence in the profession. 14 No. Act Amendment Expected impacts 47. Provide the Registrar of the Authority with a discretionary power to exempt an application for a licence from the requirement to...