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1. CAC 403 v Tucker [2016] NZREADT 65 [pdf, 300 KB]

   ...before the Tribunal. Mr Tucker’s application was denied.1 [6] The Tribunal’s decision regarding the charges rests on its findings of fact in respect of the alleged conduct. In defending the charges, Mr Tucker contended either that he was not responsible for particular alleged conduct or, where he acknowledges responsibility, that conduct does not amount to disgraceful conduct. The charge of disgraceful conduct [7] Section 73(a) of the Act provides: 73 Misconduct For the p...

2. LCRO 207/2018 PC v FM (10 September 2019) [pdf, 499 KB]

   ...professional conduct issues too. Legal executives – extent of retainer-related duties [45] Legal executives as well as lawyers are open to findings of unsatisfactory conduct.9 In what follows I refer to authority concerning lawyers’ duties and responsibilities to their clients. In the particular circumstances of the present case, the duties and responsibilities so identified as owed by lawyers are of a kind equally applicable to the conduct of legal executives. It is merely f...

3. LCRO 216/2018 AA v BB (28 November 2019) [pdf, 165 KB]

   ...instructing solicitor’s account; and 3 (d) opposing counsel had advised that the court had no jurisdiction to entertain an application for stay of enforcement; and (e) as a consequence, Ms BB’s advice had been incorrect. [13] Ms BB provided a response to Mr AA’s complaint on 7 March 2018. She submits that: (a) her advice to apply for a stay of enforcement would have been proceeded on different grounds as to those suggested by opposing counsel’s lawyer, but in any ev...

4. Options for resolving remaining Canterbury Earthquakes Insurance disputes [pdf, 384 KB]

   ...had been received in relation to 167,677 dwellings. 98% of these dwelling claims are settled. The table below sets out the number of remaining claims: Type of claim Number remaining Over-cap1 dwelling claims (with private insurers and Southern Response2) 2,741 as at 30 September 2017 Under-cap dwelling claims (EQC) 297 claims in litigation as at 30 November 2017, the balance of claims have settled Land claims (EQC) These relate to land damage such as increased vulnerability...

5. LCRO 59/2021 RY v QX (21 December 2022) [pdf, 255 KB]

   ...without him, for the purpose of transferring the trust’s properties by e-dealing, Mr QX incorrectly certified he had authority to act for: (a) himself, VF, and OZ as transferor; and (b) VF, OZ and the firm’s trustee company as transferees. Response [22] In his response submitted by his counsel, Mr QX said: (a) he refuted Mr RY’s allegations; 7 Section 43(3) – concerns appointment of a replacement trustee, where a trustee has been removed “under a power contained in...

6. LCRO 121/2023 AI v HR (12 December 2023) [pdf, 218 KB]

   ...applicant? 4 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 10 (i) Was there either non-disclosure or materially inaccurate disclosure of the asset representing the proceeds of sale of Property A? (j) If so, did the respondent have any responsibility to the applicant for such non-disclosure or materially inaccurate disclosure? (k) Was there non-disclosure of the asset representing the wife’s Kiwisaver balance; (l) If so, did the respondent have any responsibility...

7. [2025] NZIACDT 36 – BL v Schoeller (17 July 2025) [pdf, 172 KB]

   ...asked why she had to pay and what service had Ms Schoeller provided. Immigration NZ had no record of any contact with her. While Ms Schoeller said she had spoken to the government agency, she had not provided any solution. [46] There was no response from Ms Schoeller. 8 [47] It would appear the complainant did pay the invoice for $287.50, on 14 February 2023. COMPLAINT [48] On about 16 February 2023, the complainant made a complaint against Ms Schoeller to the Autho...

8. Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 174 (32 TKT 174) [pdf, 245 KB]

   ...is that a trustee is liable for the loss suffered by the trust property by the wrongful act of a fellow trustee and as between themselves there is a right to contribution and recoupment from trustees. It is accepted by Arthur Gemmell that he was responsible for the actions taken by the Trust at the time and that he was acting as the only surviving trustee. Counsel also argued that the Court should make an award against Arthur Gemmell rather than making an order against all the trust...

9. Te Ohu Kaimoana Trustee Limited v Te Rununga Nui o Te Aupouri (2014) 78 Taitokerau MB 112 (78 TTK 112) [pdf, 159 KB]

   ...Ngāi Takoto said they would get back to Te Aupōuri but they never did. Between August 2012 and July 2013 Te Aupōuri wrote to Ngāi Takoto on a number of occasions by email and letter trying to engage. There were evidently limited and unofficial responses, but no substantive response, and Te Aupōuri accordingly referred the dispute to TOKM on 22 July 2013. One further attempt to 9 Affidavit of Louise Kathleen Mischewski, dated 4 De...

10. FR v US LCRO 249 / 2010 (17 November 2011) [pdf, 130 KB]

    ...would attempt to persist with these views in the upcoming judicial conferences and hearings. [14] He went on to elaborate upon the summary above, and attached relevant correspondence and emails. [15] The main thrust of the Practitioner‟s responses on 21 July and 10 August 2010 was, and remains, that she was not, nor purported to be, anything other than the father‟s support person who had no complaint with the court appointed counsel for the father. She stated in her 21 July...