Search Results

1. LCRO 31/2015 HN v TR [pdf, 153 KB]

   ...Ms HN considered Mr TR “… should not have used the threat of the Harassment Act or Domestic Violence Act if his wife and daughters did not cease communication or contact with his clients”. Her letter of complaint continued:7 To place this responsibility on our father was not only unfair and unreasonable but also unprofessional. We therefore believe the threat of proceedings under the Harassment Act or Domestic Violence Act was inappropriate and is an example of Mr TR’s unsati...

2. ZH v VL LCRO 149/2015 (20 July 2016) [pdf, 47 KB]

   ...and [3.4]. 4 Above n 3. 3 [8] Mr ZH’s complaint was assessed by the Lawyers Complaints Service’s early intervention process. This process involves an initial assessment of the complaint by a legal standards officer to see whether any response might be required from the lawyer complained about. The process is designed to identify complaints in which there are no obvious professional conduct issues. Rather than delay matters by seeking a response from the practitioner conc...

3. KL v WS LCRO 160/2013 Penalty (15 June 2016) [pdf, 38 KB]

   ...censure a practitioner is to harshly criticise his or her conduct. It is the means by which the committee can most strongly express its condemnation of what a practitioner has done… [22] Counsel argues that a censure would not be an appropriate response to the contraventions of rules 3.4 and 3.5, but does not make the same argument with respect to the contraventions of rules 9.3 and 14.2(e). 3 NZLS v B [2013] NZCA 156, [2013] N...

4. OT v PI LCRO 101 / 2011 (20 August 2012) [pdf, 67 KB]

   ...canvas this issue of complaint again. [19] In relation to the second issue of complaint, being the allegation that Mr PI had misled the Committee by stating that the legal opinion had been withdrawn, the Committee noted that at the time of Mr PI’s response to the initial complaint, 1 LCRO 157/2009 3 the legal opinion had been withdrawn. This was because BAK’s fees had not been paid. The “new evidence” email provided by...

5. E37 Gemma Chuah - Stormwater - EIC - Council [pdf, 767 KB]

   ...A brief overview of the assessment of the stormwater and ITA aspects of the Application contained in the Report (Assessment of the Application); (c) An update following expert witness conferencing, referring to the JWS where appropriate, and a response to matters raised in the Applicant’s evidence (Update Following Expert Witness Conferencing / Response to Applicant’s Evidence); (d) Comments on draft conditions and proposed mitigation (Conditions / Mitigation); and (e) Conc...

6. LCRO 76/2013 OP v The Trust (21 July 2017) [pdf, 127 KB]

   ...Trust’s complaint is an attack on Mr OP’s integrity. [27] The Committee considered the Trust was correct, and that Mr OP had deliberately misled Mr SJ. [28] Dishonesty is a very serious allegation. As the authors of Lawyers’ Professional Responsibility put it:4 The making of knowingly false statements, whether written or oral, by a lawyer to third parties, such as other lawyers, is prima facie professional misconduct. [29] A false statement undermines “a lawyer’s c...

7. Factsheet Family and Whanau Violence Legislation Bill [pdf, 193 KB]

   ...specified as a family violence offence. This provision will make family violence more visible to judges and Police so that this can be taken into consideration when decisions are made. The flag will also support the further development of differentiated responses to family violence offences. http://justice.govt.nz/ justice.govt.nz Video Evidence VIDEO EVIDENCE TAKEN WITHIN TWO WEEKS OF AN ALLEGED OFFENCE The Bill clarifies how video evidence taken at the time of...

8. Canterbury Westland Standards Committee v Woulfe [2017] NZLCDT 5 [pdf, 122 KB]

   ...practise law is hard won and is a privilege. Lawyers in New Zealand are particularly privileged in that they are in a unique position of being able to change the Land Title Register subject to compliance with strict criteria. That compliance is a responsibility that flows from the privilege. It is a responsibility that in this case you entirely abdicated. You have acknowledged this by your guilty plea to the amended charges. Such a failure cannot go unmarked by this Tribunal,...

9. LCRO 67/2019 QN v WM and FR (8 August 2019) [pdf, 102 KB]

   ...The Committee was satisfied that the lawyers had complied with their obligations under r 7.2 of the Rules, recording that it: was satisfied that Mr WM and Ms FR had responded to the requests to the best of their ability. It is clear from their responses that they believe that RN gave verbal consent to the release of the redacted will, but due to the passage of time cannot say with certainty as there is no file note or written record. As to the release of the letter, they have said tha...

10. The Trustees of Part Rotomaha Parekarangi 8 Reservation v Cochrane - Part Rotomahana Pakrekarangi 8 Reservation (2020) 247 Waiariki MB 34 (247 WAR 34) [pdf, 184 KB]

    ...Rendall confirms that efforts are continuing by his clients to try and secure further information from an old server. He also responded to several of the requests made by Mr Harvey. If Mr Harvey has further submissions to make on Mr Rendall’s responses, then he may file a memorandum by way of reply. [19] Mr Fisher does not appear to have replied to Mr Harvey’s memorandum of 7 September 2020. If no response is received by Friday 29 January 2021, then the orders sought by Mr Ha...