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1. Cabinet paper - Tyson Gregory Redman application for compensation for wrongful conviction and imprisonment: next steps [pdf, 4.4 MB]

   ...[CAB-17-MIN-0493, paragraphs 7 - 8]: 9 50.1. The total amount of compensation assessed by Dr Stevens for non­ pecuniary losses ($327,311.43) should be multiplied by the change in the relevant inflation index; 50.2. The relevant index was the Consumer Price Index (All Groups CPI / index SE9A), which reflects the change in purchasing power over any specified period; 50.3. The starting point for inflation adjustment should be July 2000, when the $100,000 benchmarks in the Additional...

2. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]

   ...installation of a home heating system on the basis that the clause was buried amongst thirty clauses on one page in very small font. However, the clause in that case was not only considered to be hard to see but was related to services supplied in a consumer context, where exclusion of liability is unexpected and usually not possible in a setting regulated by statutory consumer guarantees. By contrast, in this case, clause 46 appeared in a commercial setting, was in an easily readable p...

3. [2021] NZIACDT 3 - DY v Parker (25 February 2021) [pdf, 219 KB]

   ...fine would be appropriate. In the circumstances, that could be towards the lower end of the possible range. One of the key objectives of upholding professional discipline has been met as Mr Parker acknowledged his central error of judgement and consequentially amended the management of his practice following receipt of the first complaint against him in 2019. [24] Mr Moses points out that while the total fees agreed were $40,000, only $10,000 was paid. The work of preparing a...

4. [2020] NZIACDT 50 - KX v Ji (2 December 2020) [pdf, 225 KB]

   ...complaint is, as he acknowledges, serious. He was dishonest in that he deceived his client on numerous occasions over a period of about 18 months as to the negative outcome of her immigration application. He did not tell her about the outcome or her consequential unlawful status. He did not inform her of the remedial action he undertook, nor its outcome. Indeed, the dishonesty was more than just failing to keep her informed. Mr Ji actively deceived the complainant about the statu...

5. LCRO 83/2024 AGM v CPF (24 March 2025) [pdf, 172 KB]

   ...persuaded that the conduct breaches, when considered in their totality and by reference to the broad circumstances of the retainer, merit imposition of a fine in the sum of $5,000. [91] I consider a fine of $2,000 adequately meets the regulatory and consumer protection objectives. Costs [92] Ms AGM has had partial success with her review but in large part the finding of the Standards Committee has been confirmed. It is appropriate that Ms AGM be ordered to contribute to the costs of...

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

   ...complaint by Ms LA about Ms McDonnell’s conduct whilst acting in the administration of Ms LA’s late father’s estate (Mr A). The Committee made a finding of unsatisfactory conduct against Ms McDonnell and imposed a fine together with other consequential orders (the liability determination). [3] The Committee’s second determination ordered publication of a summary of the matter including Ms McDonnell’s name. The Committee also ordered Ms McDonnell to pay compensation to...

7. LCRO 159/2014 AB and RJ v OC and BR [pdf, 209 KB]

   ...making an award of compensation to his clients. [66] Mr EL misunderstands the nature of these awards. [67] In ordering that Mr BR pay a fine of $5,000, the Committee was exercising the power available to it, to impose a fine on a practitioner, consequential on its making a finding of unsatisfactory conduct against the practitioner. In doing so, it was expressing its disapproval of the conduct. [68] In ordering that Mr BR make contribution to the cost of its inquiry, the Committ...

8. [2020] NZREADT 51 - [Appellant] v Real Estate Agents Authority (21 October 2020) [pdf, 309 KB]

   ...submitted that as a consequence of not being advised as to the end date of the renewed agency agreement, he and [his wife] were locked in with the Agency for longer than they wished to be. He submitted that the Tribunal should recognise that the consumer-protection procedures and processes set out in the Real Estate Agents Act 2008 (“the Act”) and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) were not followed. [36] He submitted...

9. LCRO 382/2013 SC v JT (30 June 2017) [pdf, 193 KB]

   ...conduct finding is necessary or appropriate in the circumstances. [100] Conduct rules must be interpreted and applied fairly and sensibly,20 and with proper and careful attention to the protective purpose of the disciplinary jurisdiction, its consumer protection objectives, and the need to ensure consistency in the application of those rules. [101] It is important, when considering the conduct, to give a proper consideration to the circumstances which preceded Mr SC’s request of...

10. LCRO 177/2021 FA v LL (14 March 2022) [pdf, 238 KB]

    ...[143] Ms FA justifies the need for training, audit and oversight orders on grounds that others with whom Ms LL might deal in contentious matters, should not have to endure what she has. [144] Public confidence in the provision of legal services and consumer protection are principles which underpin the Act.19 The disciplinary process is designed to ensure that these values are upheld and maintained. [145] Nevertheless the disciplinary response for any breach by a lawyer of the Act,...