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  1. SB v MT LCRO 30 / 2011 (23 October 2012) [pdf, 81 KB]

    ...Zealand Law Society, seeking repayment of that sum plus his legal costs. [5] The Standards Committee identified the complaints as alleging overcharging (LCC Rule 9), use of legal processes inappropriately (LCC Rule 2.3) and discourtesy (LCC Rule 10.1). [6] Although the Committee did not uphold the complaints (referring to pre-1 August 2008 conduct that did not reach the section 351 threshold and there being no ‘special circumstances’ in this matter to raise its jurisdicti...

  2. People discharged without conviction June 2021 [xlsx, 89 KB]

    ...Waikato Hamilton 67 90 67 59 73 57 89 93 91 122 Waikato Huntly 3 5 4 6 12 8 3 5 5 8 Waikato Morrinsville 0 8 4 2 9 5 1 2 4 7 Waikato Te Awamutu 4 5 3 1 3 2 10 3 9 11 Waikato Te Kūiti 2 0 1 1 0 0 2 1 3 3 Waikato Thames 6 5 12 15 4 5 5 5 8 16 Waikato Justice service area total 82 113 91 84 101 77 110 109 120 167 Bay of Plenty Ōpōtiki 9 3 10 6 15 4 13 12 3 6 Bay of Plenty Tauranga 62 56 57 50 68 60 54 67 48 57 Bay of Plenty Waihī 3 12 3 5 3 2 5 6 1 5 Bay of Plenty Whakatāne 21 27 2...

  3. R v D LCRO 56 / 2009 (19 June 2009) [pdf, 17 KB]

    ...the substance of Complainant R’s mother’s complaint. [17] In considering this complaint in terms of the standard imposed by the new Rules, the question is whether Lawyer D failed to meet the professional standard envisaged by the Rule 10.1 in particular in respect of his professional dealings with Mr XX. Rule 10 imposes an obligation of respect and courtesy. [18] I have taken into account that this matter involved several attempts on Mr XX’s part to communicate with...

  4. Forests (Regulation of Log Traders and Forestry Advisers) Amendment Bill [pdf, 167 KB]

    ...context. 17. On this basis, we regard searches under the Bill as being reasonable, and thus not in conflict with s 21 of the Bill of Rights Act. Section 25(c) - Right to be presumed innocent until proven guilty 2 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 3 Above n1 at [162]. 4 At [172]. LEGAL ADVICE LPA 01 01 24 18. Section 25(c) of the Bill of Rights Act affirms that everyone who is charged with an offence has, in relation to the determi...

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

    ...3 Grounds on which the Registrar referred the complaint [10] The Registrar referred the complaint pursuant to section 45(2) of the Immigration Advisers Licensing Act 2007 (“the Act”), and identified the grounds for referral as: [10.1] Whether the adviser engaged in dishonest or misleading behaviour under section 44(2)(d) of the Act; and [10.2] Whether the adviser breached clauses 1, 2 and 3 of the Licensed Immigration Advisers Code of Conduct 2010 (“the Code”), whic...

  6. WHT Annual Report 2021 [pdf, 266 KB]

    ...management of claims. The COVID-19 lockdowns had no material effect on the Tribunal. JURISDICTION AND GENERAL INFORMATION Establishment and Function of the Tribunal The Tribunal is based in Auckland. It was established in 2007 by section 101 of the Weathertight Homes Resolution Services Act 2006 (the Act). It is part of Government’s response to the ‘leaky homes crisis’ enabling claims by the owners of dwellinghouses (stand-alone homes, townhouses and apartments)...

  7. ZA v YB LCRO 164/2013 (31 August 2016) [pdf, 93 KB]

    ...typing and preparation of bundles for the High Court. We consider your request for immediate uplift was unwarranted and misleading. We also consider your harassing phone calls unreasonable, disrespectful and discourteous, and in breach of rule 10.1 of the Lawyers and Conveyancers Act (Lawyers Conduct and Client Care) Rules 2008. A complaint will be laid with the ADLS. 5 To the extent you harass the writer’s Administrator about it, your discourtesy was in breach of the or...

  8. [2019] NZEmpC 57 Cornish Truck & Van Ltd v Gildenhuys [pdf, 235 KB]

    ...$2,308.05 (inclusive of GST) in relation to his costs application. 1 Cornish Truck & Van Ltd v Gildenhuys [2019] NZEmpC 6. 2 Gildenhuys v Cornish Truck & Van Ltd [2018] NZERA Auckland 101. [2] He also sought $4,500 for costs in the Authority, together with disbursements of $71.56, covering the filing fee (inclusive of GST). I understand the costs anyway have been paid to him by Cornish Truck. He also is entitl...

  9. Ruapuha Uekaha Hapu Trust - Hauturu East 8 (2013) 67 Waikato Maniapoto MB 100 (67 WMN 100)- (PDF, 74KB) [pdf, 74 KB]

    ...Copies to: Mr J Koning, Koning Webster, Lawyers, P O Box 11120, Papamoa 3151, john@kwlaw.co.nz Mr K Catran, Cooney Lees Morgan, P O Box 143, Tauranga 3140, kcatran@clmlaw.co.nz 67 Waikato Maniapto MB 101 Introduction [1] An application to appeal my preliminary decision of 14 August 2013 at 61 Waikato Maniapoto MB 7 was filed by counsel for the Ruapuha Uekaha Hapu Trust (“RUHT”), Mr Koning. Counsel for Messrs Tane and Martin, Mr C

  10. Fa'asavala v Letalu [2014] NZIACDT 91 (17 September 2014) [pdf, 174 KB]

    ...conduct are maintained in the occupation concerned. [10] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: 3 [10.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [10.2] Demanding minimum standards of conduct: Dentice v Valuers Registr...