Search Results

1. LCRO 52/2016 and 57/2016 BF v ZL (18 February 2019) [pdf, 203 KB]

   ...not focus on the invoice. His complaint concerned the alleged conflict of interests and the failure by Mr ZL to obtain informed consent from both parties as required by r 6.1.1. of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules).7 The appeal [22] XY appealed the High Court judgment and progress of the investigation was delayed pending issue of the Court of Appeal judgment. The appeal did not seek to have the High Court judgment, uphold...

2. Hahn v Walke [2019] NZIACDT 32 (14 May 2019) Sanctions [pdf, 238 KB]

   ...(29 April 2019), Ms Thompson, on behalf of the Registrar, contends that Ms Walke’s response to the complaint indicates that rehabilitation is an unrealistic prospect and therefore cancellation of her licence is in the public interest for the protection of consumers. It is submitted that Ms Walke currently has little regard for, or knowledge of, her professional obligations. [28] Ms Thompson submits that the appropriate sanctions would therefore be: (1) Caution or censure; (2)...

3. BORA Countering Terrorist Fighters Legislation Bill [pdf, 362 KB]

   ...conclude that these amendments place justified limitations on the rights to freedom of movement, security against unreasonable search and seizure, and justice, which are affirmed by the Bill of Rights Act. The limitations have the important objective of protecting national security, public order, safety and the rights of others. We consider them to be rationally connected with this objective, proportional, and minimally impairing of rights. The Bill 5.The Bill is a response to the con...

4. Family violence reform paper 1: Context and supporting integrated responses [pdf, 582 KB]

   ...violence incidents to provide for a five day cooling off period by getting the perpetrator out of the house) to enable Police to direct perpetrators to a risk and needs assessment and thus providing links to other services. I am proposing changes to protection orders so they are easier to apply for (although the legal threshold to obtain them will remain the same). 18. In some ways the criminal law will always be about responding to the hard edge of family violence, that is, serious of...

5. FV Reform Paper 1 Context [pdf, 554 KB]

   ...violence incidents to provide for a five day cooling off period by getting the perpetrator out of the house) to enable Police to direct perpetrators to a risk and needs assessment and thus providing links to other services. I am proposing changes to protection orders so they are easier to apply for (although the legal threshold to obtain them will remain the same). 18. In some ways the criminal law will always be about responding to the hard edge of family violence, that is, serious of...

6. Auckland Standards Committee 2 v Brill [2022] NZLCDT 3 (21 January 2022) [pdf, 557 KB]

   ...of his practising certificate. The New Zealand Law Society (Law Society) alleges that he was not approved to practise on his own account, and that in doing so he recklessly or wilfully breached provisions of the LCA1 or the Conduct and Client Care Rules made under the Act, (the Rules). In particular, s 9 of the LCA provides that it is misconduct for an employed lawyer (as opposed to a lawyer in practice on his or her own account) to provide regulated services to the public other t...

7. LCRO 272/2016 XK v JB (24 June 2019) [pdf, 346 KB]

   ...administering Mr B’s estate [46] As they relate to the issues now raised on review, the Committee identified the following issue for consideration:9 Whether Mr JB has breached [r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008] in: i. Generally administering the estate of the late [Mr B] in an incompetent manner and in breach of the duty to take reasonable care. 5 Standards Committee determinatio...

8. RI v Hart LCRO 158 / 2011 (13 July 2012) [pdf, 160 KB]

   ...Hart to RI recommending civil proceedings against Doctors. First reference to ACC payout. January 2010 – preparation of draft Statement of Claim, claiming compensatory and exemplary damages. Cause of action expressed to be breach of duty of care. 6 April 2010 – Mr Hart advises RI that she needs to instruct lawyer with expertise in civil proceedings. Approaches LR 7 May 2010 – LR advises unable to accept instructions 21 October 2010 – Mr Hart advises a “number...

9. Theobald v Coulter [pdf, 170 KB]

   ...Claim No 0300-Theobald page 6 of 35 2 Other costs Scaffolding $ 1,500.00 Remove and replace downpipes 250.00 Protect gardens 250.00 Remove and replace shutters 200.00 Remove and replace fencing 150.00 Fit membrane to planter box 250.00 Replace rotten soffit to entry 1,500.00 Fla...

10. [2023] NZIACDT 13 - OT v Ramos (24 April 2023) [pdf, 174 KB]

    ...Complaint filed in the Tribunal [32] The Registrar filed a statement of complaint (19 December 2022) in the Tribunal alleging against Ms Ramos: Negligence, or alternatively breaches of the specified clauses of the Code – (1) Failed to exercise due care in ensuring the residence application was lodged as instructed, in breach of cl 1. (2) Failed to exercise due care and diligence by not recognising that being unwell may impact the services provided to the complainant, in breach...