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1. Carley (INZ) v Kim [2015] NZIACDT 107 (22 December 2015) [pdf, 182 KB]

   ...[16.7] Costs. [17] However, the Tribunal has taken a very flexible approach where complaints arise out of a licensed immigration adviser’s lack of awareness, and provided opportunities for restoration to practising. None-the-less, the consumer protection afforded by the Act is always an important factor. [18] In this case, I approach the matter on the basis Ms Kim does not comprehend the issues. Serious as the matters are, they appear to result from ignorance and gross incompetence r...

2. LCDT - 2013 annual report [pdf, 442 KB]

   ...public become increasingly aware of their rights and the Law Society’s own processes continue to identify issues of concern. The focus of the Tribunal now will be to ensure that it operates as efficiently as possible, both judicially in its public protection role, and as an independent statutory tribunal. Judge D F Clarkson Chair Page | 9 Appendix 1 Membership during the period 1 July 2012 to 30 June 2013 Chair Judge Dale Clarkson Deputy...

3. Auckland Standards Committee v Ram [2011] NZLCDT 32 [pdf, 82 KB]

   ...payable by the New Zealand Law Society, were also to be reimbursed to the Law Society by Mr Ram. [15] The Tribunal censured Mr Ram, noting that the applicable restrictions on commencing practise on his own account were designed to ensure public protection and to preserve public confidence in the legal profession, key elements of the statutory purposes of the disciplinary regime under LCA. The Tribunal noted that Mr Ram had undertaken various mandates for persons he considered, incorrect...

4. Wellington Standards Committee v Lester [2015] NZLCDT 23 [pdf, 93 KB]

   ...them of the charges which she has admitted. Her present senior partner expresses confidence in her abilities and by inference confidence in her integrity and the belief that the public can have trust in her such that there is no requirement to protect the profession. [19] The applicant has responsibly acknowledged the mitigating factors that have been advanced on behalf of the respondent. Its primary submission is that the number of charges (the most serious of which is misconduct...

5. TP v RO LCRO 174/2012 (7 November 2014) [pdf, 88 KB]

   ...is to defray the costs of administering the complaints and disciplinary mechanisms of the Act, which otherwise fall on all lawyers. [42] The starting point is that Mrs TP was entitled to apply for a review. There is a clear focus on consumer protection within the broader purposes of the Act, and on open access to the complaints and disciplinary processes of the Act for members of the public such as Mrs TP. [43] It is also relevant when considering costs that the Committee did...

6. [2018] NZLCDT 9 Auckland Standards Committee 2 v Name Suppressed [pdf, 157 KB]

   ...There must also be a duty to act in a professional, candid and straightforward way in dealing with the Society and its representatives …”5 [21] His Honour Cooper J went on to say: “[109] The duties to which I have referred do not exist to protect the sensibilities of those involved in administering the Act’s disciplinary provisions. While courtesy is a normal aspect of professional behaviour expected of a practitioner, it is not an end in itself. The purpose of the disciplina...

7. Parata v Lake - Ngarara West B3B (2004) 144 Aotea MB 105 (144 AOT 105) [pdf, 557 KB]

   ...convenience. For conlpleteness, I note that section 77(3) of the Act as referred to by the counsel for the Respondent provides an exception to the general ten year rule in the contexi, of section 45 applications. Decision For the reasons stated, after careful consideration of the evidence and subtnissions before the Couti, pursuant to section 37 of the Act the application is disnlissed. Counsel nlay \Nish to subnlit Inel110randa in respect of costs. Dated at Rotorua this ,---- da...

8. Auckland Standards Committee 2 v Burcher [2018] NZLCDT 42 [pdf, 111 KB]

   ...Burcher’s actions in breaching r 11.1 and misleading Mr Eades were deliberate, as found by the Tribunal. (d) That the practitioner’s breaches were not one isolated act but involved a series of breaches over a period of time, which displayed a lack of care and regard for his professional obligations. (e) That the practitioner had overlooked the potential conflict between his own personal interests and those of his client Mr M, although the Standards Committee accepts that he of...

9. Family Court Rewrite Submission - NZ FC Court Psych Group [pdf, 304 KB]

   ...helpful in determining the matter, for a psychological assessment of the parties as it relates to their parenting. We note that (generally) psychological/psychiatric assessments are not appropriate screens for assessing parenting or children’s care arrangements because professionals who undertake them are not experts in assessing the individual within this particular context. Again we note that there are evidence based and effective models for assessments and interventions in comple...

10. [2021] NZEnvC 037 Ngai Tamahaua Hapu Committee v Heritage New Zealand Pouhere Taonga [pdf, 782 KB]

    ...been set out in any of the notices of appeal. [21] In conclusion, the Hapu Committee submitted the Court should weigh the purpose and principles of the Heritage New Zealand Pouhere Taonga Act in considering their application, in particular the protection and preservation of historical and cultural heritage and the principle ofleast possible alteration or loss. Respondent's Submissions [22] Counsel for HNZPT made brief written submissions. She noted that the scope of the m...