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1. Auckland Standards Committee 3 v Park [2024] NZLCDT 6 (14 March 2024) [pdf, 108 KB]

   ...profession that these two instances of shortcoming cannot properly be dealt with in a negligible manner. [6] Professional error is always a risk where a lawyer embarks on work in an unfamiliar area. A message in this decision is that lawyers must take care, seek assistance, even where the task may seem simple. It is the responsibility of the professional to protect their client against inadvertent error by seeking guidance in such cases. [7] Mr Park’s persistence in communica...

2. Sandy v Khan LCRO 181 / 2009 (25 December 2009) [pdf, 106 KB]

   ...were or what the applicable rules were. The Standards Committee is a tribunal of effectively summary jurisdiction and has an obligation to dispose of matters expeditiously; however, in this case it appears that the Committee failed to properly and carefully consider the complaint, its surrounding circumstances, and the applicable rules. [5] Ms Sandy seeks a review of that decision. A hearing of this matter was conducted on 1 December 2009 at which Mr Khan, Mr Sandy, and her son Mr...

3. LCRO 95/2023 JV v FA (8 October 2024) [pdf, 177 KB]

   ...client confidentiality. [20] Further submissions filed by Mr FA (5 September 2022, 6 December 2022, 14 February 2023 and 17 April 2023) reinforced his view that: (a) he had not been informed of likely disbursement costs; and (b) Dr JV had failed to protect his privacy; and 6 (c) Dr JV was aware that his (Mr FA’s) visa was expiring in 2024, hence the preservation of his visa status was not an issue; and (d) the disclosure of personal information without consent had potential to...

4. [2018] NZEnvC 101 Kumeu Properties Limited v Auckland Council [pdf, 11 MB]

   ...pursuant to Rule C1.7(1) - discretionary activity. 2. Land Disturbance - Regional, pursuant to Rule E11A.1 (A4) for general earthworks greater than 1 0,000m2 up to 50,000m2 where land has a slope less than 10 degrees and is outside the Sediment Control Protection Area - controlled activity. 3. Land Disturbance - District, pursuant to Rule E12A.1 (A6) for general earthworks greater than 2,500m2 AND (A10) - general earthworks greater than 2,500m3 - restricted discretionary activity. 4...

5. Fehling v Ministry of Health [2017] NZHRRT 31 [pdf, 269 KB]

   ...currently exist indefinitely; there is no provision to destroy them. How is an NHI number created? 21. Health providers can assign an NHI number under rule 12(1) of the Code. 22. Generally, NHI numbers are generated when a person receives health care. Only certain agencies are approved to assign an NHI number. This is set out in Schedule 2 of the Code, and includes agencies such as the Ministry, DHBs, hospitals and health practitioners. 23. For most people today, this will happe...

6. LCRO 272/2016 XK v JB (24 June 2019) [pdf, 346 KB]

   ...administering Mr B’s estate [46] As they relate to the issues now raised on review, the Committee identified the following issue for consideration:9 Whether Mr JB has breached [r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008] in: i. Generally administering the estate of the late [Mr B] in an incompetent manner and in breach of the duty to take reasonable care. 5 Standards Committee determinatio...

7. Signing and witnessing EPAs during COVID-19

   ...It may be easier to use a single document later rather than showing that the multiple signed versions make up a valid EPA. Where can I find more information about EPAs and how to set one up? An EPA is a legal document which sets out who can take care of your personal or financial matters if you can't. That person is called your attorney. You can set up an EPA through a lawyer or trustee corporation. See Setting up an EPA for the forms you will need to use to set up an enduri...

   Located in:

   1. Family >
   2. Powers to make decisions for others

8. LCRO 122/2018 ZQ v VX (30 October 2018) [pdf, 274 KB]

   ...hearing, Mr ZQ emphasised that whilst he had a number of concerns about the representation he had received from Mr ZQ, his major concerns were that: (a) Mr VX had failed to ensure that the agreement contained adequate enforcement provisions to protect Mr ZQ in the event of default by his father. Allied to this, was concern that the agreement failed to include provision for interest to be paid on the instalment payments that were to be made to Mr ZQ over a period of years; and (b)...

9. Regulatory Impact Statement Managing the cost of legal assistance in the justice sector [pdf, 200 KB]

   ...provision: new offices in next largest centres New offices in Tauranga, Napier/Hastings and Dunedin. Implementation in 2011/12. PDS offers improved efficiency and quality, as well as constraining future growth. Share of market needs to be carefully managed to ensure cost-effectiveness remains. In smaller centres, risks will have greater impact on private market due to smaller size. 1.8 Purchase strategy: reduce price by 10% Same approach as above, but redu...

10. LCRO 13/2023 DG v PS (26 February 2025) [pdf, 195 KB]

    ...PS had attempted to divert responsibility for his errors to his client, opposing counsel, and the court; and (e) Mr PS had been on extended leave from his office in late 2018 and had left responsibility for the stewardship of Mr DG’s file in the care of a junior lawyer; and 4 (f) draft documents prepared by Mr PS’s employee were inadequate and required amendment; and (g) discovery had been unable to be completed as a consequence of Mr PS’s extended absence from his office;...