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1. [2012] NZEmpC 92 Kaipara v Carter Holt Harvey Ltd [pdf, 155 KB]

   ...than specifically referring to a settlement of the proceeding before the Court. [18] A similar issue to that raised by this case was addressed by the High Court in Tournament Parking Limited v The Wellington Company Limited. 6 A plaintiff in civil proceedings in the District Court had made a Calderbank offer to settle the proceedings at that stage. The offer was not accepted and the plaintiff was successful in the District Court. The appellant in the High Court was the unsucce...

2. CM v XH LCRO 97 / 2010 (5 July 2011) [pdf, 114 KB]

   ...May 2008. The email sent on 25 May recorded the Applicant‟s criticisms of R and what separation would mean for her financially, making very clear his lack of concern that she may be spending her full relationship property entitlement on legal fees. I mention this only to note that the Applicant himself took a very hard line in negotiating the property issues with R. [49] Notwithstanding the legal entitlements it was always within the power of the Applicant to agree to give R a...

3. DV v RG LCRO 141/2015 (28 June 2016) [pdf, 79 KB]

   ...a lawyer, or was likely to have misled or deceived her. [51] There is a direct conflict between the parties’ evidence on this point. The standard of proof in disciplinary proceedings such as this is the balance of probabilities, which is the civil standard, and is to be applied flexibly according to the nature of the case.5 [52] While I can accept that Ms DV sincerely believes Mr RG misled her into believing that he was a lawyer, beliefs cannot found a decision, no matter how sincer...

4. LCRO 89/2017 FZ v LS [pdf, 229 KB]

   ...your client to do would be to engage in a discussion of accepting responsibility, improving the atmosphere between us and working out a settlement. However, if your client has a policy of denial and fighting hard that will certainly increase your fees but that will result in my filing for any and all damages to which I am entitled under New Zealand law. I look forward to a reasonable response from you. [12] Mr LS replied that day. He invited Mr FZ to provide further information if he...

5. Brill v Real Estate Agents Authority (CAC 409) & Ors [2017] NZREADT 28 [pdf, 237 KB]

   ...particular factors such as (in this case) the appellant’s contention that the rental offered and accepted was within a valid range, or his contention that he paid a rent that was over and above market rental. Such factors may be relevant to a civil claim for damages (we express no view as to that), but not to the assessment of penalty for a breach of professional obligations. The penalty imposed is based on the nature and seriousness of the breach of the licensee’s professional...

6. [2023] NZREADT 9 – Complaints Assessment Committee 2108 v O’Brien & Wildman (28 April 2023) [pdf, 247 KB]

   ...disciplinary process that is independent, transparent, and effective. [29] 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 appro...

7. Auckland Standards Committee 3 v Ms W [2023] NZLCDT 35 (17 August 2023) [pdf, 214 KB]

   ...referenced in r 10 of the Rules. [10] The second charge involved nine false statements made by the practitioner to her client and to the opposing lawyers between August 2019 and February 2021. The practitioner had accepted instructions to pursue a civil claim for alleged negligent building design. Her false statements masked some ineptitudes in the documents she filed, provided plausible but untrue reasons for delays – these including reports of fictitious court actions (directi...

8. LCRO 91/2017 DV v LS and HS (19 December 2018) [pdf, 415 KB]

   LCRO 91/2017 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee No [X] BETWEEN DV Applicant AND LS and HS Respondents The names and identifying details of the parties in this decision have been changed. DECISION Introduction [1] Mr DV has applied to review a decision of the [City] Standards Committee 3 (the Commi

9. Ministry of Justice consultation paper on Phase Two of the AML/CFT Act [pdf, 317 KB]

   ...AML/CFT requirements and monitor and enforce compliance. They monitor reporting entities by carrying out reviews, on-site visits and other activities. Penalties for not complying with the Act Businesses that fail to comply with the Act can face civil and criminal penalties. Sanctions for non- compliance include formal warnings for minor breaches or fines and prison terms for serious breaches. Individuals can be sentenced to up to 2 years in prison and fined up to $300,000; body corporat...

10. MZ v Sun [2019] NZIACDT 12 (4 March 2019) [pdf, 261 KB]

    ...by the client to Mr Sun. He would file the visa application with the relevant New Zealand government department and maintain contact with it. Mr Sun was not allowed to contact the client, except through the company’s staff. The company’s fees were set out in the agreement. [7] A “Private Immigration Agency Business License” was issued to the Shanghai company by the Ministry of Public Security in 2012. 3 [8] On 22 December 2012, the complainant entered into an agreeme...