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LCRO 34/2017 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING [Area] Standards Committee[X] BETWEEN TC Applicant AND DM Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Ms TC has applied for a review of a decision by the [Area] Standards Committee (the Committee) which, following inquiry into comp
IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2019] NZIACDT 75 Reference No: IACDT 014/19 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY THE REGISTRAR OF IMMIGRATION ADVISERS Registrar BETWEEN THE REGISTRAR OF IMMIGRATION ADVISERS Complainant AND PETER GRAEME RYAN Adviser SUBJECT TO SUPPRESSION ORDER DECISION Dated 7 November 2019
...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...
...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...
...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...
...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...
...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...
...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...
...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...
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