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1. Canterbury Westland Standards Committee 2 v Mr U [2024] NZLCDT 4 (9 February 2024) [pdf, 173 KB]

   ...decision unless we are able to discern distinguishing factors between that and the present case. We now turn to consider those. [49] In Young (and the other cases relied on by the Standards Committee), the conduct occurred in the context of civil proceedings involving the recovery of monies or (in the case of Orlov and Deliu) an attempt to gain an advantage for clients in civil proceedings. In the present case, Mr U was conducting his own case in relation to very private and i...

2. EMPC Retirement of Judge Travis [pdf, 287 KB]

   ...And in fact if it weren’t for the Court as an institution, these workers would now be day labourers down on that Port. I think the third feature of your service is the manner in which you work with working people in this Court. You make them feel comfortable. You allow them to speak and you encourage them to understand that they have as much right to be here in this Court as any of the other parties and to appeal to the Court for justice. You want to know why they're here...

3. [2021] NZIACDT 4 - SL v Mackintosh (4 March 2021) [pdf, 271 KB]

   ...dishonesty about what had happened. The most serious of her failures was misleading the complainant about the outcome of the first visa application. [76] Ms Mackintosh referred to having previously made an offer to the complainant to refund the fees and to pay compensation for reasonable professional or legal fees incurred by the complainant as a result of her failures. The offer still stood. [77] It was accepted by Ms Mackintosh that she had breached cls 1, 2(e) and 26(b) of...

4. [2022] NZIACDT 10 - BC v Lawlor (18 May 2022) [pdf, 192 KB]

   ...reconsideration of the officer’s decision. [19] The reconsideration application was filed by Mr Lawlor on 10 September 2019. He asked that it be reconsidered as an essential skills application. He set out his firm’s credit card details for the fee. [20] The interim visas of the brother-in-law and his family expired on 17 September 2019 and their immigration status became unlawful. [21] The visa officer contacted Mr Lawlor on 24 September 2019 to seek confirmation of the paym...

5. Schiller-Cooper v Lozano [2013] NZIACDT 1 (08 January 2013) [pdf, 233 KB]

   ...When she arrived, she found Ms Schiller-Cooper had left. Ms Lozano offered to meet subsequently, but received no reply from Ms Schiller-Cooper. [31] Mr Chang from the practice where Ms Lozano works contacted Ms Schiller-Cooper regarding outstanding fees on 12 July 2011, and ascertained Ms Schiller-Cooper was dissatisfied with the service. Mr Chang drew Ms Schiller-Cooper’s attention to the Authority’s dispute guidelines. [32] When Ms Schiller-Cooper’s complaint was received in wr...

6. LCRO 71/2022 OM v NT (22 July 2024) [pdf, 239 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2024] NZLCRO 093 Ref: LCRO 71/2022 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a decision of the [Area] Standards Committee [X] BETWEEN OM Applicant AND NT Respondent The names and identifying details of the parties in this decision have been changed DECISION Introduction [1] The applica

7. Te Au Reka Phase 2 Court Rules Consultation Paper [pdf, 235 KB]

   ...when needed in the interests of justice. Specifically, if a Judge or other judicial officer hearing a matter 7 7 In addition to Judges, there are a number of judicial officers with jurisdiction in the District Court and High Court criminal and civil jurisdictions. Associate Judges, Community Magistrates, Justices of the Peace, and Registrars have varying jurisdiction in proceedings. We are considering whether the proposed new powers to exempt the use Engagement Paper: Key cour...

8. CAC 20005 v McGowan [2014] NZREADT 92 [pdf, 74 KB]

   ...involvement which the complainant had was to make the initial introduction. She was neither the listing agent nor the salesperson. In my experience and understanding of the real estate industry, that introduction would normally justify a finder’s fee or introduction fee of around 10% of the net commission. 8 When the complainant introduced me to Scott Dunleavy, nothing was said or done about the commission arrangement. She did not raise the subject with me and did not make any stat...

9. LCRO 3/2017 and LCRO 148/2017 McDonnell v LA (28 June 2019) [pdf, 436 KB]

   ...incurred costs in moving in order to protect herself from death threats from one of her siblings. These threats were connected to her position in relation to her father’s estate; (c) the delay and incorrect first asset schedule increased legal fees; (d) there were potential consequences for Mrs A’s WINZ subsidy; (e) the final legal fees of $25,000 were “totally ridiculous” but Ms McDonnell had agreed on a reduction to $8,000; and (f) Ms McDonnell caused extreme stress by...

10. NZ Law Commission review of the law of Trusts [pdf, 2.4 MB]

    REVIEW OF THE LAW OF TRUSTS November 2010, Wellington, New Zealand | R E P O R T 1 1 9 A TRUSTS ACT FOR NEW ZEALAND August 2013, Wellington, New Zealand | R E P O R T 1 3 0 E31(130) August 2013, Wellington, New Zealand | REPORT 130 REVIEW OF THE LAW OF TRUSTS A TRUSTS ACT FOR NEW ZEALAND The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand