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1. From Bystander to Participant: Recognising and protecting victims by providing legal advice and legal representation [pdf, 664 KB]

   ...related to fears that the prosecution, by informing the SVCA about material being disclosed to the accused, might contravene rules about coaching victims. This concern was expressed by a CPS Manager participating in the evaluation: Solicitors are responsible to their professional body, and they must put the, the good of their clients first. So, the first, the first stumbling block is, if I tell something to an SVCA it's like me telling something to a defence solicitor, they are...

2. Electoral-Matters-Bill_Combined_FINAL.pdf [pdf, 12 MB]

   ...• section 9(2)(h) to maintain legal professional privi lege. © Crown Copyright, Creative Commons Attribution 4.0 International (CC BY 4.0) No. Document Comments 4. Electoral Matters Bill and Government Some information has been withheld in response to the Inquiry into the 2023 accordance with the following sections of the OIA: General Election: Final decisions and • section 9(2)(a) to protect the privacy of draft Cabinet papers natural persons, and Briefing • section 9(2)(f)...

3. [2011] NZEmpC 25 George v Auckland Regional Council [pdf, 68 KB]

   ...Council’s negligence claim, may be modified. At present 3 [2008] ERNZ 155 (CA) at [82], [90], [96] and [104]. 4 At [83]. her statement of defence puts in issue the extent of her duties and responsibilities and these are matters which may also be relevant to her personal grievance claims. [10] In any event, I consider that the risk of inconsistent judgments on issues of credibility, dispute over the extent of Ms George’s d...

4. [2012] NZEmpC 136 Tuapawa v AFFCO NZ Ltd [pdf, 69 KB]

   ...2 [2011] NZEmpC 114. 3 [2012] NZEmpC 133. The defendant’s submissions were received on 25 October. If you intend to respond, please file and serve your memorandum by 4pm Friday 27 April 2012. No response was received to that email. [8] On 2 May 2012, Ms Kelly left a telephone message for counsel for the plaintiff requesting him to file a copy of his submissions. Again, no response was received. [9] On 30 July 2012, Ms Kelly sent

5. Choudhary v Smith [2015] NZIACDT 8 (18 February 2015) [pdf, 86 KB]

   ...conduct was dishonest and misleading, and accordingly this ground of complaint is upheld under section 44(2(d) of the Act. [15.4] Mr Smith failed to return the complainant’s passport pursuant to clause 1.3(b) of the 2010 Code. He lied to evade the responsibility. [15.5] Mr Smith also failed to provide his file to the Registrar; he did so when the Registrar made a statutory request pursuant to section 57 of the Act. He accordingly breached clause 3(c) of the 2014 Code, which required t...

6. AJ v Secretary for Justice 4 August 2012 NZRA 000010 [pdf, 124 KB]

   ...training at the Pretoria Bar for many years. 6. Since his arrival in New Zealand, the applicant gained admission as a Barrister and Solicitor in April 2004. He had employment as a Senior Solicitor with the Ministry of Social Development being responsible for Prosecutions until October 2006. He joined the Auckland District Law Society as Professional Standards Director and from October 2008 held the same position with the New Zealand Law Society until March 2010. Since then he h...

7. Matenga - Ohiti Waitio 1E No3A Trust (2015) 45 Takitimu MB 184 (45 TKT 184) [pdf, 369 KB]

   ...on 25 August 2015 requesting copies of the bank statements for the past three years and wrote a further letter on 17 August 2015 setting out her concerns regarding the dividend payments and trust finances. The applicant says she has received no response to the letter dated 25 August 2015. She is also aware of a similar letter being sent to the trustees from her sister in-law. 3 44 Tākitimu MB 273-279 (44 TKT 273-279) and...

8. Donkin v CAC 10057 & Morton-Jones [2012] NZREADT 44 [pdf, 31 KB]

   ...Barfoot and Thompson was guilty of unsatisfactory conduct. The Committee commented at paragraph 4.5: “General practice by agents in marketing a property is for the agents to request the vendor to provide a LIM. It is then the licensee’s responsibility to confirm details contained in the LIM prior to advertising any such details. In this case, that of the property being a home and income. It is therefore not sufficient for the licensee to rely on information concerning consents...

9. Auckland Standards Committee v Thomson [2014] NZLCDT 38 [pdf, 72 KB]

   ...seek to practise law in my current condition. … My recovery is simply more important to me than anything else.” [8] He indicated that he was fully prepared to abide any decision of the Tribunal. Mr Thomson subsequently filed submissions in response to those filed by the Standards Committee in which he stated that the penalty of strike off which had been sought was “appropriate” and further “counsel for the Committee has, in my view, been moderate and even-handed in submiss...

10. Auckland Standards Committee v Chen [2015] NZLCDT 2 [pdf, 32 KB]

    ...features are of course the immediate acceptance of responsibility. The action itself, although Misconduct, is not at the most serious end of Misconduct or indicative of any form of dishonesty or personal gain being sought. The practitioner has dealt responsibly with the complaint investigation and prosecution process and furthermore has repaid the $5,000 received to the client some months ago, as we understand it. [11] What remains now is for the Tribunal to deliver a formal Cen...