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LCRO 119/2016 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN XY, ZW, QM, and ABC LAWYERS Applicants AND TQ Respondent The names and identifying details of the parties in this decision have been changed. 2 Table of Contents Introduction ...................................................
...Macclesfield pay to the New Zealand Law Society $900.00 in respect of the costs incurred in conducting this review within 30 days of the date of this decision. 12 [48] It is also appropriate to impose an order in respect of the costs of the investigation of the New Zealand Law Society. Accordingly pursuant to s 210(3) of the Lawyers and Conveyancers Act: Mr Macclesfield is to pay to the New Zealand Law Society the sum of $250 in respect of the costs of the investigation of...
...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...
...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...
...the vendors, his doubts dissipated and he took no further steps. [31] It is contended there was no harm or prejudice to any party. The licensee’s message did not change the vendors’ opinion of the salesperson. The message was entirely private. There was no reputational damage to the salesperson, principal or their agency. [32] The principal says the vendors were highly offended, but there is no supporting evidence. The investigation report recorded that they did not ap...
...type of land that the road would traverse. The Court’s power to grant rights of way was not contained in Part 23 of the Act but was instead contained in s 30(j) of the 1953 Act. [45] Under the 1953 Act a roadway order could be either public or private. Both types of roadway orders had different effects on Māori land. Where a road was to be declared public, then consent from the owners was specifically required and the road was officially “set apart” as a public road and tr...
...(if at all). From our work to date we believe this is due in large part to a drafting error in s259 of the Local Government Act 2002 which makes it administratively unworkable. The RRC made three recommendations – that the Government: 1. Consider investigating why bylaw breaches are seldom designated as infringement offences. 2. Consider whether types or classes of bylaw breaches should be designated as infringement offences. 3. Formally set out its expectations for how a Minister would co...
...Crimes Act 1961, Summary Offences Act 1981 and Harassment Act 1997 contain offences for threats and intimidation that apply regardless of how these are conveyed. 5. These offences generally involve a complaint to the Police and the Police then investigate the offence and bring charges. Investigating this type of criminal offending can often involve significant Police time, resources and technical expertise. Civil Law 6. Alongside the statutorily defined criminal offences, th...
...held in November 2008 but the best offer received for either property was $1.2 million. In March 2009 the ASB Bank commenced mortgagee sale proceedings. 86A Kitchener Road was sold at mortgagee sale for $1.26 million and 86 Kitchener Road was sold privately sometime later. Barfoot and Thompson acted as agents on the mortgagee sale. [2] Mr and Mrs Cooke were very unhappy about the mortgagee sale process and the appraisal that Barfoot and Thompson had carried out for the ASB Bank. The...
...it is just to do so, order that person to pay to the New Zealand Law Society or the New Zealand Society of Conveyancers such sums as the Disciplinary Tribunal thinks fit in respect of the expenses of and incidental to the proceedings and any investigation of that person’s conduct or of that person’s affairs or trust account carried out by, or on behalf of, a Standards Committee or the Legal Complaints Review Officer. (4) In this section, expenses includes not onl...