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1. LCRO 28/2021 RW v BD and Law Firm A (3 May 2022) [pdf, 330 KB]

   ...Executives. The Court referred to rule 15(2)(a) of the Solicitors Practice Rules 1990, which provided: Every solicitor in private practice shall, unless it is inappropriate in the circumstances, ensure that clients know the name and status of the person responsible for the day to day conduct of the matter and the principal responsible for its overall supervision. … [When telephoning the firm and asking to see a solicitor, what the client] is making clear is that he wishes to talk...

2. Moses – Hopuruahine East & 12 other blocks (2014) 37 Tairawhiti MB 238 (37 TRW 238) [pdf, 125 KB]

   ...newspapers and notice was also addressed to owners for whom addresses were held. [7] On 20 June 2013, the Māori Land Court received a letter from the Tūhoe Waikaremoana Māori Trust Board to advise that they were surrendering their role as responsible trustee as at the date of the letter and noting the results of the Te Roi o te Whenua hui process. [8] A notice of intention to appear and an affidavit from Mr Vernon Winitana was filed on 21 June 2013. However, he filed a competi...

3. Deputy Registrar - Utakura 7 Block (2011) 16 Taitokerau MB 119 (16 TTK 119) [pdf, 104 KB]

   ...120 direct that the Case Manager refer this judgment to the Secretary for Transport, the Surveyor-General and the Registrar-General of Land for comment within three months. In the meantime the directions above are to be sent to the surveyor responsible for ML 403297. Crown position [2] I received two submissions in response to paragraphs 86 and 87. [3] First, by way of letter of 8 September 2010, Warren Moyes wrote on behalf of the Registrar-General of Land. He explained tha...

4. Hawkes Bay Standards Committee v McKay [2014] NZLCDT 57 [pdf, 173 KB]

   ...1. What is the level of seriousness of the misconduct? 2. Are there aggravating features of the conduct or in relation to the lawyer generally? 3. Are there mitigating matters to be considered? 4. Is strike-off a necessary and proportionate response? 1. What is the level of seriousness of the misconduct? [7] We consider this misconduct to be at the high end of the scale. Mr McKay’s failures to this client were many and obvious. The consequences to her of his failures were...

5. MS v HF LCRO 183/2013 (30 October 2014) [pdf, 42 KB]

   ...proceeding has been the subject of intemperate allegations of professional misconduct or criminal behaviour. The targets of these allegations include the (retirement village) itself, its officers and [its] solicitor.11 [16] MS replied to Mr HF’s response. They made further adverse comment on Mr HF’s “conduct to date” and again referred to his need for “appropriate treatment from a psychiatrist”. 12

6. Youth Court - The rise and rise of Lay Advocates in Aotearoa New Zealand [pdf, 266 KB]

   ...function is to take on an advocacy role to represent the interests of a young person’s whānau, hapū and iwi, or any equivalent in the young person’s culture, to the extent those interests are not otherwise represented in the proceedings. This responsibility is far reaching and, arguably, has not been fully understood or utilised to its intended capacity to date. This is particularly so with respect to representation of the interests of hapū and iwi, or their equivalents. 4...

7. BORA Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Bill [pdf, 306 KB]

   ...credible pathways for young people to gain increased control of their payment exist. Discrimination on the ground of family status 20. Prohibited grounds of discrimination under the Human Rights Act include family status, which includes “having the responsibility for part-time or full-time care of children or other dependents” or “having no responsibility for the care of children or other dependents”. 21. The Bill draws a distinction based on family status between 19 year old b...

8. IAA v Angon [2012] NZIACDT 62 (28 September 2012) [pdf, 94 KB]

   ...immigration advice (as defined in the Immigration Advisers Licensing Act 2007) ...” [19] The certificates were dated 18 September 2010 (Ms CA), and 5 October 2010 (Mr EC). [20] The Tribunal issued a Minute, which identified the grounds of complaint, response, and the issues arising; and gave the parties the opportunity to provide further information. [21] Both parties responded to the Minute, and their respective positions identified below take those responses into account. The...

9. KM v XND [2013] NZIACDT 7 (14 February 2013) [pdf, 86 KB]

   ...a party to those dealings. [5] The Tribunal has also been satisfied Mr XND advised Ms KM appropriately when he was dealing with her. [6] Accordingly the complaint has been dismissed. Events and Circumstances Presented by the Complaint, and the Response Ms KM’s complaint [7] Ms KM’s original complaint was as follows. [7.1] Mr XND is a licensed immigration adviser, and he conducts his practice through the company X. [7.2] In early 2010 Ms KM came to Mr XND’s office and met w...

10. TTC v BL [2013] NZIACDT 25 (4 April 2013) [pdf, 90 KB]

    ...3 [15] Mr TTC got advice from another adviser, received a further visa and successfully completed his course of study. [16] Mr TTC’s complaint is essentially that Ms BL delayed acting on his instructions and misled him. The Response [17] Ms BL wrote to the Authority on 3 August 2011 and disputed Mr TTC’s claims. [18] Ms BL’s letter said that various documents were produced to support the statements in her letter. However, they have not been produced to the Tr...