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1. Auckland Standards Committee v Hylan [2014] NZLCDT 31 [pdf, 95 KB]

   ...Willingness to participate fully in the investigation process, and to acknowledge error or wrongdoing where it has been established, may demonstrate insight by the practitioner into the causes and effects of wrongdoing. This, coupled with acceptance of responsibility for the misconduct may indicate that a lesser penalty than striking off is sufficient to protect the public in the future.” [10] Mr Morris correctly submitted that: “Mr Hylan’s obligation, based on his obligation to...

2. David Bain response from Justice Binnie [pdf, 106 KB]

   ...probably not necessary to have it considering the generality ofMr Fisher's observations -- 1 . much of the document consists of generalities about evidence and a history of the "extraordinary circumstances" discretion which require no response from me except where he purports to apply some of the principles to my Report. As the Minister knows, the language of "recommendation" etc was removed from my Report as a result of her comment at our meeting of September 13....

3. [2014] NZEmpC 16 Gapuzan v Pratt Whitney Air New Zealand Services second interlocutory [pdf, 49 KB]

   ...and, in about October 2011, raised a personal grievance alleging that the defendant had failed to provide him with a safe workplace. [7] On 5 December 2011, the plaintiff made a claim for accident compensation in relation to his right elbow. In response to that claim, the Accident Compensation Corporation (ACC) provided a standard form questionnaire for the defendant to complete as the plaintiff’s employer. It appears the form was given to the plaintiff on or about 7 December 2011 but...

4. Larnark v Kirby LCRO 44 / 2010 (1 October 2010) [pdf, 83 KB]

   ...Society v C [2008] 3 NZLR 105). Conduct unbecoming could relate to conduct both in the capacity as a lawyer, and also as a private citizen. The test will be whether the conduct is acceptable according to the standards of "competent, ethical, and responsible Practitioners" (B v Medical Council [2005] 3 NZLR 810 per Elias J at p 811). For negligence to amount to a professional breach the standard found in s 106 and 112 of the Law Practitioners Act 1982 must be breached. Tha...

5. GL v JS LCRO 289/2013 (30 October 2014) [pdf, 56 KB]

   ...correspondence with the LCS GL refers to two occasions in which the District Courts general manager has referred to the incident involving JS, and in which he described the actions as “serious” and the security breach as “significant”. JS’s response [18] As well as setting out the facts as outlined above, in his detailed response to the complaint dated 16 June 2013 JS invited the Committee to take no further action on the complaint, on the basis that: • the subject m...

6. AC v FV & HU LCRO 318/2012 (27 November 2014) [pdf, 50 KB]

   ...took place in December 2007 and consequently the transitional provisions of the Lawyers and Conveyancers Act 2006 determine the outcome of the complaint and this review. [3] Ms HU had left Mr FV’s employment when the complaint was made and no response to the complaint has been received from her. By the time of the review hearing Ms HU was residing in Australia and she took no part in the review. Background [4] Mr and Mrs AC owned land and buildings at XX from which they operate...

7. Brighton v Standing [2012] NZIACDT 65 (28 September 2012) [pdf, 99 KB]

   ...placed in Mr Standing as a licensed professional. [11] In some cases Mr Standing’s attitude to his clients was manifest in bullying and aggressive behaviour. In this case, when faced with a client who sought legal advice about his misconduct, his response was to place blame on his client, and threaten her. [12] In no case has Mr Standing exhibited any indication of accepting responsibility, remorse, or endeavoured to make amends. 3 [13] The amounts of money solicited...

8. Yerbury-Wilson v Standing [2012] NZIACDT 73 (28 September 2012) [pdf, 101 KB]

   ...placed in Mr Standing as a licensed professional. [11] In some cases Mr Standing’s attitude to his clients was manifest in bullying and aggressive behaviour. For example, when faced with a client who sought legal advice about his misconduct, his response was to place blame on his client, and threaten her. [12] In no case has Mr Standing exhibited any indication of accepting responsibility, remorse, or endeavoured to make amends. 3 [13] The amounts of money solicited...

9. IN v SK LCRO 53 / 2011 (24 February 2012) [pdf, 93 KB]

   ...understandable that a very lengthy marriage would very likely take some time to unravel. This is a complaint about delay that is being considered in a disciplinary context. I have considered the extent to which the Practitioner ought to be held responsible for the lack of progress in finalising the relationship property matters, and whether the change of lawyers (and the extra costs inevitably incurred) was justified. [33] I have taken into account all matters discussed at the hea...

10. JW v QE LCRO 192 / 2011 (19 September 2012) [pdf, 103 KB]

    ...The determination of the Standards Committee in that complaint was also referred to this Office for review. [6] Mr QE responded to Mr JW’s questions about the manner in which the form had been completed, but Mr JW was not satisfied with the response. A series of email communications between the parties ensued in a somewhat tetchy tone from both parties. [7] The investment with FAI was completed in September 2009 although Mr QE did not confirm this to Mr JW until Mr JW pursued...