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1. BC v YT LCRO 215 / 2010 (1 April 2011) [pdf, 83 KB]

   ...similarly advised on 11 March 2011 as to the process that was to be followed . Review [31] In the introductory comments to the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules 2008) it is stated that all practitioners have a responsibility to preserve the integrity and reputation of the profession. That is, in the main, a personal responsibility, but the Rules provide that all practitioners have a mandatory obligation to report misconduct of other practition...

2. Wandsworth v Ddinbych & Keith LCRO 149 & 150 / 2009 (5 March 2010) [pdf, 98 KB]

   ...The Applicant advised that the airfare was AUD$420. Information about the exchange rate at that time was sought by this office, and I have rounded this up to NZ$520. Both of the above losses are properly be borne by P1 who was found to have been responsible for terminating the retainer. [16] The next head of claim covers “expenditure caused by the abandoned retainer”. This is a cost incurred by the Applicant who had to pay new counsel in relation to taking up the litigat...

3. WE v AW & AX LCRO 82 / 2012 (10 June 2013) [pdf, 93 KB]

   ...the lines between his former friendship with me and his professional role to become blurred, to the extent I had no idea he was intending all along to charge me for every attendance (notwithstanding his statement that he has not). [17] In his responses to the Law Society Mr AW did not address this issue and similarly made no comment to this Office notwithstanding that I had specifically raised this issue in a letter dated 18 May 2012 when suggesting that the parties mediate. [1...

4. BORA Securities Legislation Bill [pdf, 122 KB]

   ...without the person’s knowledge of the order (new section 42L (2)(a)). 25. The Commission's enforcement powers (prohibition orders, disclosure orders, and temporary investment adviser or broker banning orders) are intended as a front-line response to securing compliance or preventing contraventions of the Securities Markets Act. MED considers this offence integral to encouraging compliance with these orders. The Commission must follow a detailed process before issuing an order,[8]...

5. LCRO 226/2016 TS v KN [pdf, 113 KB]

   ...invoice, and Mr TS responded by contacting the firm to make a complaint. Mr TS spoke to Mr KN’s colleague and a meeting followed in early December 2015 at which Mr TS raised his concerns over costs and Mr KN’s allegedly poor communication in response to the issues he had raised in relation to interim bills. [8] With his concerns unresolved, and the firm pressing for payment, on 17 February 2016 Mr TS complained to the New Zealand Law Society (NZLS). Complaint [9] Mr TS compl...

6. Re Tai Rakena (Rejection of Statement of Claim) [2017] NZHRRT 27 [pdf, 140 KB]

   ...at [43], to the extent that such jurisdiction exists at all it, belongs to the High Court on an application for judicial review. There is nothing in the Privacy Act to suggest the Tribunal has such jurisdiction. It is the Privacy Commissioner’s responsibility to decide how he will meet his statutory obligations. [21] In the present case there is no evidence that the Privacy Commissioner has conducted an investigation in relation to the matters complained of by Mr Tai Rakena in his...

7. LCRO 195/2014 MC v GK (28 May 2018) [pdf, 179 KB]

   ...accept as being a proper approach to establish a fair and reasonable fee. [21] Rule 9.1 of the Rules sets out thirteen factors to be taken into account when establishing a fair and reasonable fee. The authors of the text Ethics, Professional Responsibility and the Lawyer say:5 The process of setting a fee ought not to be merely arithmetical. It is an exercise of judgment as to what an appropriate fee is for the work done. This leaves room for differences of opinion among practit...

8. [2018] NZEmpC 41 Rachelle v Air New Zealand Ltd [pdf, 343 KB]

   ...September 2015 and 10 April 2016. [4] The Authority found that Air NZ proposed changes to the way it operated regional airports by taking direct responsibility for ground services. The effective date for this reorganisation was 4 April 2016. In response, Mt Cook advised Ms Rachelle, and its other employees, of the proposed changes at Queenstown airport. Permanent Mt Cook employees were advised their employment would end on 3 April 2016 and they were employed by Air NZ from 4 Apri...

9. 2017 NZSSAA 066 (22 November 2017) [pdf, 119 KB]

   ...recovery amount. However the Ministry says this recovery rate was amended and reduced several times due to Ms XXXX’s circumstances. Because the recovery rate was reduced, it took longer than two years to recover the amount advanced. [21] In response to Mr Howell’s reliance on Clause 15.2 of the SNG programme, the Ministry submits that the assistance available to relocate when a sole parent is a victim of family violence is assistance provided after initial separation, in acc...

10. E32 Dr Kala Sivaguru - Ecology - EIC - Council [pdf, 728 KB]

    ...(Executive Summary); (b) An assessment of the Application, including an overview of the key points from my peer review (Assessment of the Application); (c) An update following expert witness conferencing, referring to the JWS where appropriate, and a response to 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) Conclusions....