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  1. LCRO 119/2016 XY, ZW, QM, and ABC Lawyers v TQ (16 November 2018) [pdf, 466 KB]

    LCRO 119/2016 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN XY, ZW, QM, and ABC LAWYERS Applicants AND TQ Respondent The names and identifying details of the parties in this decision have been changed. 2 Table of Contents Introduction ...................................................

  2. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

    ...inspected the dwelling the weather was fine and there was little wind, but the site was exposed and I can certainly appreciate that it would be subject to high winds and driving rain at times. 13 [35] I was able to undertake a close and careful inspection of the dwelling both inside and out and, as a result, I gained a clear appreciation of the type of construction which is unique. I was able to see for myself what was meant by the term log extensions which are a very signif...

  3. Tuitupou v Tangilanu [2014] NZIACDT 51 (15 April 2014) [pdf, 121 KB]

    ...work, but she told her clients she had made the request to Immigration New Zealand. She also made up an account of what had happened to the request. [2.3] The adviser’s licence expired. She had still done nothing. She did not take any steps to protect her clients’ interests, or refund fees. [3] The adviser has not challenged the Statement of Complaint, which set out these grounds of complaint. The Tribunal is satisfied the material before it requires that it uphold the complaint in...

  4. 2021-04-14 Notice of partial withdrawal [pdf, 530 KB]

    ...2 May it please the Court 1. On 9 July 2021, Royal Forest and Bird Protection Society of New Zealand Incorporated (“Forest & Bird”) filed an appeal on Plan Change 1 to the Waikato Regional Plan. Forest & Bird has after carefully reviewing its position decided to withdraw part of its appeal. 2. Subject to any issues as to costs Forest & Bird gives notice that it withdraws the following aspects of its appeal: a. Objective 1; b. Objective 2; c. Polic...

  5. National Standards Committee v Orlov [2013] NZLCDT 45 [pdf, 390 KB]

    ...in s.4 also affirms the fundamental obligation of a lawyer to act in accordance with all fiduciary duties and duties of care owed to clients. It is therefore appropriate to interpret the respective provisions in a way which is consistent with the protection of consumers of legal services, and the provision of a responsive and expeditious complaints process.” [44] We would add to that that a further interpretative aid resides in “Fundamental obligations of lawyers” set out in s 4...

  6. Oversight of Oranga Tamariki System and Children and Young People’s Commission Bill [pdf, 245 KB]

    ...through the Oranga Tamariki system by providing an Ombudsman with additional duties and powers when dealing with matters that fall under the Ombudsman Act 1975 (the Ombudsman Act) and relate to services or support delivered by Oranga Tamariki or care or custody providers. 9. The Bill repeals the Children’s Commissioner Act 2003 and replaces it with the Children and Young People’s Commission, which will largely inherit the duties, functions and powers currently held by the Child...

  7. RQ & Anor v MZ LCRO 127 / 2011 (2 October 2012) [pdf, 108 KB]

    ...existed between them and RS. In adopting this view they disregard the fact that MZ acted for the Trust and that his duties and obligations extended primarily to the Trust. [22] In this regard, it is helpful to refer to the Conduct and Client Care Rules1 to provide an understanding of MZ’s obligations to his client. Rule 4.2. A lawyer who has been retained by a client must complete the regulated services required by the client …. Rule 5. A lawyer must be independent and fre...

  8. Waikato Bay of Plenty Standards Committee 1 v Dhillon [2023] NZLCDT 5 (21 March 2023) [pdf, 123 KB]

    ...creates a general prohibition against in-house lawyers providing regulated services to the public. It ensures lawyers who provide regulated services to the public are either qualified to do so on their own account or supervised as an employee. Public protection, not privity of contract, is the decisive concern; a point the Tribunal has itself made: …section 9 addresses concerns where an employed lawyer acting outside that employer might, for example, lack supervision by an experie...

  9. International Covenant on Civil and Political Rights - 5th report [pdf, 386 KB]

    ...Zealand meets international human rights standards in many respects, and often surpasses them. Although New Zealand is not flawless, the report [Human Rights in New Zealand Today] shows that we have most of the elements essential for the effective protection, promotion and fulfilment of human rights: democracy, the rule of law and an independent judiciary free of corruption; effective structures of governance; specific processes for human rights and other forms of accountability; recogniti...

  10. [2020] NZIACDT 52 - TBE v Proudman (4 December 2020) [pdf, 202 KB]

    ...sought, until he contacted Immigration New Zealand himself two days later, on 23 September 2018. [13] Ms Proudman’s advice to the complainant concerning the eligibility of his daughter was found to have been neither diligent nor given with due care. Nor did she notify him of the decline of the visa application in a timely manner. Her updates were unprofessional and dishonest. These were breaches of cl 1 of the Licensed Immigration Advisers Code of Conduct 2014 (the Code). Fu...