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1. LCRO 16/2014 YC v TX [pdf, 148 KB]

   ...Firm] during the appropriation of the ESTATE OF BC. The Standards Committee determination [11] The Lawyers Complaints Service processed the complaint through its Early Resolution Process with the result that Mr TX did not provide any substantive response to the complaint. [12] The Committee noted the difficulties in discerning Mr YC’s complaints and determined to take no further action. It reasoned:2 The extensive judicial scrutiny of the affairs of this estate and the natur...

2. BORA Civil Defence Emergency Management Amendment Bill [pdf, 308 KB]

   ...The Bill 3. The Bill amends the Civil Defence Emergency Management Act 2002 (‘the Act’) to enable better recovery from, and ensure public safety following, small to moderate scale emergencies. The Bill: • provides a mandate for roles and responsibilities that apply for the duration of the recovery from an emergency; • strengthens recovery planning; and • ensures a better transition from the response to an emergency to the initial recovery period, by ensuring that appropr...

3. BORA Resource Legislation Amendment Bill [pdf, 436 KB]

   ...to be fairly heard.1 10. Clause 55 inserts subpart 5 after s 80 of the principal Act, which makes provision for a streamlined planning process. A local authority intending to prepare, change, or vary a policy statement or plan may apply to the responsible Minister to enter a streamlined planning process. In particular, the process introduces limited notification as an available option and removes any appeal rights. 11. Clause 127 replaces s 95B of the principal Act and sets out a...

4. Allen v Karena - Te Koau A (2016) 51 Takitimu MB 91 (51 TKT 91) [pdf, 258 KB]

   ...support from the owners, it was noted that Mr Winiata’s nomination was not opposed at the meeting. [8] For these reasons therefore, Ms Sykes submitted that it was appropriate that the Court should now appoint, by way of replacement, Mr Winiata as a responsible trustee, notwithstanding that the application had not been notified in the Court’s pānui in the usual way. Wero Karena’s submissions [9] Mr Karena, in his principal proceedings, asserts that the trustees have been fai...

5. Moncur v Deng [2011] NZIACDT 7 (22 March 2011) [pdf, 60 KB]

   ...from the profession. However, the gravity of the misconduct requires, at the very least, a sustained period in which she is supervised, and demonstrates a willingness and ability to meet the obligations of a licensed adviser. It is the Adviser’s responsibility to find employment in such an environment. Order [25] The Adviser is censured. [26] The Adviser’s full licence which she presently holds is cancelled, with effect two months from the date of this decision. [27] The Adviser...

6. QA v IZ & Anor LCRO 219/2014 (31 March 2015) [pdf, 37 KB]

   ...Legal Complaints Review Officer within 30 working days. In this case the review application was lodged with this Office on Monday 20 October 2014 when the staff were in a position to receive it. [31] Section 198 (b) makes clear that it is the responsibility of a party seeking to file a review, to file their application within 30 days of receiving notice of the determination. This is not a case where there is any uncertainty as to when the determination was served on Mr QA. The...

7. JS v CL LCRO 180/2013 (19 May 2014) [pdf, 84 KB]

   ...his widow] 5 was never raised prior to the execution of the settlement agreement and the terms of that agreement contradict that assertion. Standards Committee decision [8] The Standards Committee considered the complaint and the lawyer’s response and concluded that it “could find nothing to substantiate a claim that Mr CL had acted inappropriately…consider[ing] that he had acted in the best interests of his client, followed her instructions and kept her informed”.6 It o...

8. TX v MGK [2013] NZIACDT 14 (19 March 2013) [pdf, 96 KB]

   ...TX complains that Mr MGK indicated that when she received a visa she was entitled to commence a business anywhere in New Zealand. Only after coming to New Zealand did she realise that the visa was specific to the business plan she submitted. The Response [10] Mr MGK responded to the complaint by email dated 14 July 2011 addressed to the Authority, which included a statement and supporting material from his file. [11] The key points made by Mr MGK were: [11.1] To initiate the process...

9. INZ v BUH [2013] NZIACDT 45 (01 August 2013) [pdf, 86 KB]

   ...time she was under intense pressure, due to cumulative personal tragedies. She says, before and since, she has been an effective and reliable licensed immigration adviser. Neither the Registrar nor Immigration New Zealand challenged the adviser’s response. [5] The Tribunal has dismissed the complaint, as the two apparently isolated errors were made on an occasion of personal distress and do not establish incompetence. Further, the circumstances were not those of a client seeking to lod...

10. Dekker v Standing [2013] NZIACDT 50 (12 August 2013) [pdf, 81 KB]

    ...Code”), which cover obligations to clients, authorities and business management. The complainant’s arguments in support of the complaint [11] The complainant provided no factual or legal arguments in support of the complaint. The adviser’s response to the complaint [12] The adviser did not respond to the complaint. Information gathered by the Registrar [13] The Registrar has investigative powers and is permitted to gather information in relation to the complaint when though...