Search Results

1. [2022] NZIACDT 10 - BC v Lawlor (18 May 2022) [pdf, 192 KB]

   ...Disciplinary Tribunal [2017] NZHC 376 at [93]. 6 Section 50. 7 Section 51(1). 8 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151]. 9 Z v Dental Complaints Assessment Committee, above n 8, at [97], [101]–[102] & [112]. 11 From the complainant [57] There are no submissions from the complainant, or from her father or brother-in- law. From the adviser [58] There is a memorandum (30 August 2021) from Mr Moses. It is sup...

2. LCRO 74/2017 SD v TM (31 January 2019) [pdf, 218 KB]

   ...account the consumer purposes of the Act, to afford protection to the public where considered necessary. [100] The Committee ordered publication of its decision without “details that might lead to the identification of any of the parties”. [101] Ms QW submits that Mr TM “has not previously been found to have breached professional standards” during “almost 30 years of practice”. [102] Taking that into account, a direction of publication of an anonymised summary of the C...

3. INZ (Calder) v Horan [2019] NZIACDT 13 (11 March 2019) [pdf, 274 KB]

   ...1 Immigration Advisers Licensing Act 2007, s 45(2) & (3). 2 Section 49(3) & (4). 3 Section 50. 4 Section 51(1). 5 Section 53(1). 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [101]–[102] & [112]. 11 of the democratic rights of a New Zealand citizen and unconstitutional in a democracy. A convicted and imprisoned person had more rights than he did. [38] A Minute was issued by the Tribunal on 14 February 20

4. Wikitera v Anderson - Rangitoto Tuhua 70B No 1B (2015) 106 Waikato Maniapoto MB 201 (106 WMN 201) [pdf, 235 KB]

   ...jurisdiction of the Court and whether arbitration was the correct forum for the determination of claims before him. [26] On the question of arbitration, Judge Ambler referred to art 8(1) of sch 1 of the Arbitration Act 1996. He went on to consider s 10(1) of the Arbitration Act 1996 which provides: 10 Arbitrability of disputes (1) Any dispute which the parties have agreed to submit to arbitration under an arbitration agreement may be determined by arbitration unless the arbitrati...

5. LCRO 15/2021 JBC Limited v KD (24 August 2021) [pdf, 209 KB]

   ...attached a handful of correspondence and a copy of Mr LE’s affidavit. 18 Although Mr KD’s letter of engagement was not issued until 4 July 2017, I am satisfied that Mr KD was engaged in giving advice about the matter from May 2017, 16 [101] Mr KD also drew a comparison between the fees that he charged, and the High Court Rules’ 2B scale, which produces an outcome very similar to the fees he charged, yet those fees included two other sets of proceedings (injunction and ca...

6. [2023] NZREADT 16 - CAC 1901 v KC (3 July 2023) [pdf, 158 KB]

   ...person may have when assessing the conduct of the … defendant. 2 Real Estate Agents Act 2008, s 105. 3 Section 109(1). 4 Section 109(4). 5 Section 110. 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [101]–[102] and [112]. 7 Morton-Jones v Real Estate Agents Authority [2016] NZHC 1804. 10 [59] So, in summary, the Tribunal must find on balance of probabilities that the conduct of the … defendant represented a marked or serious...

7. [2014] NZEmpC 194 Commissioner of Police v Coffey [pdf, 127 KB]

   ...The difficulty with that submission is that it is inconsistent with the pleadings. The relevant provision in para 10 of the plaintiff's statement of claim states: 10. The relief sought by the plaintiff are findings by this Court that: 10.1 the defendant's terms and conditions of employment are as set out in his individual employment agreement dated 11 October 1999 as modified by the subsequent written variations … [43] Parties are bound by their pleadings and I p...

8. Koning v Smith - Matapihi 1A 3D 4C 1 Block (2011) 18 Waikato Maniapoto MB 220 (18 WMN 220) [pdf, 209 KB]

   ...2 See Faulkner v Tauranga District Council [1996] 1NZLR 357, Te Raupatu o Tauranga Moana – Report on the Tauranga Confiscation Claims (2004) Legislation Direct, Wellington, p 166 at para 6.4, p 263 at para 10.1, p 303 at para 10.8.4 and p 323 at para 11.2.5 and Faulkner v Deputy Registrar – Allotment 5 Parish of Tahawai (2010) Māori Appellate Court MB 643 (2010 APPEAL 643) 18 Waikato Maniapoto MB 225 Tauranga, no Māori land in the Tau

9. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...[100] A lawyer must consider the possible implications of Rule 5.11, the moment they are alerted to the possibility of a claim. When the lawyer becomes aware that a client may (emphasis added) have a claim, Rule 5.11 comes immediately into play. [101] A practitioner’s conviction (as was the case here) that the clients’ complaint lacked merit, does not absolve the practitioner of the responsibility to consider whether Rule 5.11 applies. In circumstances where the complaint raised is...

10. TH v CY LCRO 32/2014 (14 October 2016) [pdf, 94 KB]

    ...[100] Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the decision of the Standards Committee is reversed. The practitioner is found to be guilty of unsatisfactory conduct pursuant to s 12(c) of the Act. 19 Orders [101] The practitioner is ordered to pay $1,200 costs, this sum is to be paid to the New Zealand Law Society within 30 days of the date of this decision. DATED this 14th day of October 2016 _____________________ R Maidment Legal Co...