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LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2020] NZLCRO 182 LCRO 162/2018 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 BETWEEN BQ Applicant AND XR Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr BQ has applied for
...[9] At this first meeting Mr Zhao handed Ms L a folder containing various information including a client engagement letter which summarised the work to be done, and their agreement that Ms L “would make an initial deposit of $50,000 with us for fees, expenses and other payments to be used on your behalf.” The letter also contained Mr Zhao’s estimate of total fees between $50,000 and $100,000 for the “intended action plans”. Prior to that meeting in China, Mr Zhao had in te...
LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2021] NZLCRO 014 Ref: LCRO 74/2020 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 NS Applicant AND AD Respondent DECISION The names and identifying details of the parties in this decision have been changed Introduction [1] Mr NS has ap
...payment to her of the amounts awarded in her favour by the Authority, and that she had been obliged to commence enforcement action in the District Court. She said that this had imposed a considerable burden on her, as she had had to pay a filing fee of $150.00. Her evidence, which I accept, is that she has limited financial means and is reliant on her family (resident in China) for support. Correspondence dated 5 June 2012 from the District Court Collections Unit confirms that atte...
...November 2002. Certain types of general skills category applications may not be lapsed (for example, where the principal applicant has an offer of "relevant" employment or has been issued with a work visa). The Bill provides that application fees must be returned where an application is lapsed, but that no associated costs are recoverable (Part 2, Clauses 5 and 6). ISSUES OF CONSISTENCY WITH THE BILL OF RIGHTS ACT 4. As the Bill sets out a new procedure under which applic...
...Which ethnic group do you belong to? Partners & Children 9. Do you have any financially dependant children? Also include children not living with you but who you support financially. A partner is: • a wife or husband • a civil union partner • a de facto partner (someone with whom you have a relationship in the nature of marriage) No Yes – How many? How many live with you? 10. Do you have a partner? No Yes If you have a partner, please go...
...4 [23] We have also had regard to the position of the complainant. We recognise that there are five serious charges which have been laid. However, these proceedings are not primarily for restitution purposes. Complainants will often have civil remedies, separate from the disciplinary process. The primary purpose of proceedings under the Act are for protection of the public and maintenance of the public’s confidence in the legal profession. [24] Public protection has be...
...regulation of persons who give immigration advice. 5 [16] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appropriate sta...
...providing for the regulation of persons who give immigration advice. [22] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appropr...
...providing for the regulation of persons who give immigration advice. [18] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:4 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appropri...