Search Results

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

   ...having concluded, pursuant to Section 138(2) of the Lawyers and Conveyancers 2006 to take no further action. This section confers on a Standards Committee a discretionary power to take no further action on a complaint if, in the course of the investigation, it appears to the Standards Committee that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate. [2] The Applicant exercised his right to have that decision reviewed. There were...

2. 2018 NZSSAA 007 (31 January 2018) [pdf, 241 KB]

   ...from the online auction company that the appellants used to make sales, and analysed those records (some of which showed up in bank accounts, and others which were apparently settled in some other way, presumably in cash). [6] The officials investigating the online activity sought to have the appellants provide evidence of any costs they had relating to generating the income. Due to lack of cooperation from the appellants, the officials could not 3 determine what, if an...

3. MBL v Shadforth [2016] NZIACDT 37 (3 August 2016) [pdf, 205 KB]

   ...person who has been found to be responsible for professional misconduct. [50] The principles are discussed in Daniels v Complaints Committee 2 of the Wellington District Law Society [2011] 3 NZLR 850; [2011] NZAR 639. In that case actual costs of investigation of $76,000 had resulted in an award of $40,000. At [43] the Court commented: 8 An award of costs under s 129 of the 1982 Act (and the 2006 Act) is entirely discretionary. ... It is clear that expenses include salaries...

4. ZL v OL LCRO 51/2014 (2 September 2016) [pdf, 74 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader...

5. CAC 409 v Wong [2018] NZREADT 8 [pdf, 220 KB]

   ...received a complaint made by Mr Newal Singh against Mr Ganesh and Ms Prasad-Ganesh. The complaint concerned Mr Singh’s purchase of a property in Manurewa in which Mr Ganesh and Ms Prasad- Ganesh had acted for the vendor.1 In the course of its investigation into Mr Singh’s 1 The Committee has laid a disciplinary charge against Mr Ganesh in respect of this transaction. However, that charge is not relevant to the charge against Mr...

6. E50 Myfanwy Eaves - Historic Heritage - EIC - Council [pdf, 809 KB]

   ...sub-surface historic heritage risk relates to a planning framework. It does not, however, relate to an archaeological understanding of deposition conditions in Aotearoa New Zealand nor does it reflect accepted practice regarding historic heritage investigation or recording. 8.4 Moreover it does not have consideration for unscheduled historic heritage, namely the portion of the Jellicoe Street Seawall which is summarily judged. 8.5 My understanding of the Cut/Fill plan is that it s...

7. E50 Myfanwy Eaves - Historic Heritage - EIC - Council V2 [pdf, 810 KB]

   ...sub-surface historic heritage risk relates to a planning framework. It does not, however, relate to an archaeological understanding of deposition conditions in Aotearoa New Zealand nor does it reflect accepted practice regarding historic heritage investigation or recording. 8.4 Moreover it does not have consideration for unscheduled historic heritage, namely the portion of the Jellicoe Street Seawall which is summarily judged. 8.5 My understanding of the Cut/Fill plan is that it s...

8. E50 Myfanwy Eaves Historic Heritage EIC Council [pdf, 810 KB]

   ...sub-surface historic heritage risk relates to a planning framework. It does not, however, relate to an archaeological understanding of deposition conditions in Aotearoa New Zealand nor does it reflect accepted practice regarding historic heritage investigation or recording. 8.4 Moreover it does not have consideration for unscheduled historic heritage, namely the portion of the Jellicoe Street Seawall which is summarily judged. 8.5 My understanding of the Cut/Fill plan is that it s...

9. LCRO 145/2019 TS v NU and VL (21 January 2020) [pdf, 128 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader th...

10. Audit-and-monitoring-policy [pdf, 376 KB]

    ...provides that legal privilege does not prevent, limit or affect the provider producing a file, record or document requested during audit. Information that is subject to legal professional privilege and produced for the purposes of an audit or investigation must not be used in: • any proceedings against the client; or • any way that is detrimental to the client. Reference: Sections 92 and 109 Disclosure of information The Ministry will only disclose information from any audi...