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1. JD v RU LCRO 55 / 2011 (22 March 2012) [pdf, 130 KB]

   ...took place at the [Auckland] District Court when the accused appeared to answer the charges laid against him. [3] Mr JD complains that Mr RU’s conduct on the day breached a number of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. He lists these in his complaint to the Complaints Service of the New Zealand Law Society as follows: Chapter 10, s 10 (obligation to promote and maintain proper standards of professionalism in all dealings) Chapter...

2. GQ v TO LCRO 57 / 2011 (12 January 2012) [pdf, 104 KB]

   ...to that draft which were made, and the will was signed in September 2004. [6] In January 2006 she again made contact with Mr TO to instruct him to prepare Enduring Powers of Attorney for her. She wished to appoint her son GR as her Personal Care and Welfare Attorney, and GR and Mr TO as her Property Attorneys. GR and Mrs GQ (Mrs) were Mrs HA’s only two children. [7] At the time of making those Powers of Attorney, Mr TO met GR for the first time. [8] In July 2008, Mr HA...

3. INZ (Greathead) v Ortiz [2019] NZIACDT 59 (29 August 2019) [pdf, 154 KB]

   ...client asking him to write a letter stating he had worked at the salon voluntarily. He did not, so she kept ringing him and sending texts urging him to send the letter. The client told Immigration New Zealand’s investigator that Ms Ortiz was careful not to mention in any of her texts what the letter was in relation to. The client then stopped communicating with her. [24] On 27 November 2015, Ms Ortiz replied by email to Immigration New Zealand’s second letter advising that sh...

4. Barfoot & Thompson v CAC 20003 [2014] NZREADT 48 [pdf, 51 KB]

   ...[3] The Committee’s concern was that Barfoot & Thompson’s in-house policy failed to ensure that it and its salespersons met their obligations to vendor clients under the 2 Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009, particularly rules 6.1 and 9.1. In particular, the Committee was concerned that Barfoot & Thompson does not require an employee interested in purchasing a property to negotiate through the listing salesperson, or if the int...

5. E83 Marian Smith and Josephine Peita - EIC - Ngaati Te Ata [pdf, 1.1 MB]

   ...2484 TU-447097-3-1284-V9:TU 5 influence through the generations the greater the mana. Maintaining clean waterways is a simple but essential exercise to enhance mana as it impacts on the wellbeing of the people. Our kaitiaki therefore are very careful and conscientious of how we conduct ourselves when caring for waahi tapu, taonga, sources of food and water. Our actions today have consequences on the issue of tomorrow – ngaa uri whakatupuranga. 23. Tapu is contained in its...

6. [2020] NZREADT 02 - Clough v CAC 520, Bunn & Christiansen - Penalty (5 February 2020) [pdf, 157 KB]

   ...In the circumstances described above, it was reasonable for Ms Linley to seek advice from her manager, Ms Bunn, and that Ms Bunn in turn sought advice from Mr Christiansen. A reasonably competent manager advising Ms Linley would have known that care had to be taken before the requested letter was provided. On being asked for advice, Ms Bunn should have asked why the letter was required, and who its intended recipient(s) was, or were. Without such key information, Ms Bunn would...

7. Canterbury Westland Standards Committee 1 v Whitcombe [2019] NZLCDT 37 [pdf, 152 KB]

   ...Tribunal was invited to consider penalty at the same time. Issues [6] The issues to be determined were: Charge 1 1. Were the practitioner’s breaches of r 3, 3.2, 5.1, 6 and 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules), wilful or reckless such as to constitute misconduct? 2. If not, was Mr Whitcombe’s negligence or incompetence to such a degree as to bring the profession into disrepute?1

8. LCRO 188/2019 QK v RJ (13 May 2020) [pdf, 116 KB]

   ...YG to open communications directly with the executors. Mr YG wrote directly to [M] and “the other executors” on 6 September 2019, notifying them that Ms QK intended to make a claim for an increased share of estate property under the Family Protection Act 1955 (the claim). [5] Mr YG followed up with a letter to the firm on 10 September 2019, a copy of which he sent to [M], [Z] and Ms QK. The firm replied to Mr YG’s letter on or about 27 September 2019. That letter crossed wi...

9. LCRO 197/2016 BC v RN (23 May 2017) [pdf, 99 KB]

   ...time and labour expended, the importance of the matter to the client and the results achieved, and the value of the transaction. Mr RN 4 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 8 did not add a premium to reflect the complexity of the matter, but, given the late disclosure of the contracting out agreement, in my view, he could have done so. [42] There is no reason to take any further action in re...

10. Kim v Kim [2016] NZIACDT 56 (20 September 2016) [pdf, 211 KB]

    ...section 44(2)(d) of the Immigration Advisers Licensing Act 2007 (the Act). [1.6] Ms Kim breached clause 1.1(a) of the 2010 Code, as she failed to provide her client with adequate advice, and accordingly, failed to provide her services with due care, diligence and professionalism. The Parties’ Positions on Sanctions The Registrar’s position [2] The Registrar took the view that a restorative approach was open in this case; if Ms Kim acknowledged her errors. [3] The Regi...