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1. [2018] NZLCDT 18 National Standards Committee v Shi [pdf, 271 KB]

   ...Standards Committee submissions on the principles of penalty and disciplinary proceedings. Mr Sorrell’s submissions were directed to the balancing exercise to be carried out by the Tribunal to impose the least restrictive outcome whilst ensuring protection of the public. In that regard Mr Sorrell submitted that context and the work environment in which this young woman had fallen into error were important. [28] [redacted]. [29] In terms of mitigation Mr Sorrell pointed out tha...

2. LCRO 109/2020 SV v FT (28 January 2021) [pdf, 198 KB]

   ...that Mr FT’s actions in lodging the caveat constituted unsatisfactory conduct pursuant to s 152(2)(b) of the Act in terms of ss 12(b) and 12(c) of the Act as he had breached r 2.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 1 Kelsey v Taniora [2018] NZHC 1727. 4 [20] In reaching that view, the Committee concluded that Mr FT was not entitled to lodge a caveat and that Mr FT ought to have known that there were no grounds to su...

3. Legal aid Family Fixed Fees Schedules [pdf, 870 KB]

   ....................................................................................................................................................................... 2 ADOPTION – GRANTING NOTES ................................................................................................................................................ 3 CARE OF CHILDREN/GUARDIANSHIP ..............................................................................................................................

4. Family Fixed Fee Schedules [pdf, 870 KB]

   ....................................................................................................................................................................... 2 ADOPTION – GRANTING NOTES ................................................................................................................................................ 3 CARE OF CHILDREN/GUARDIANSHIP ..............................................................................................................................

5. Taylor v Corrections [2018] NZHRRT 35 [pdf, 308 KB]

   ...recite that evidence at length. A possibly incomplete summary follows. [34] The evidence of Mr Arbuckle addressed three broad topics: [34.1] The Department’s concerns relating to staff safety and its view of the importance of staff privacy in protecting both staff safety and the safe management of custodial and community based sentences. [34.2] The Department’s processes for responding to Privacy Act requests and its approach to protecting staff privacy under the Privacy Act. [...

6. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

   ...has significance later. [28] SE Middlemass undertook caulking in particular to the exterior log extensions in an attempt to close and seal the gaps between the logs. He said he was told to do this by the building inspector Mr Apeldoorn to “protect their investment”. Regardless it is clear that this is a specific requirement contained in the first notice to rectify. It has significance later. [29] In or about January 2002 Dorfliger agreed to box in the log extensions, th...

7. ETS v WKE [2013] NZIACDT 4 (05 February 2013) [pdf, 109 KB]

   ...engaged Mr WKE, who unsuccessfully sought to persuade Immigration New Zealand that the position of employment was suitable. The complaint is that the endeavour was either hopeless, or had such little prospect of success that he should have taken some care to warn Mr ETS of that. [3] There was a second instruction after the first endeavour failed, and the complaint is that Mr WKE overcharged for this instruction, which did not progress past the initial stages. [4] The Tribunal has found...

8. Sidhu v Tan [2016] NZIACDT 62 (29 September 2016) [pdf, 159 KB]

   ...his client, and lodged a non-complying application: [8.1] The statement of complaint identifies the allegation as a breach of clause 1.1(a) of the 2010 Code. It requires that a licensed immigration adviser perform his or her services with due care, diligence, respect and professionalism. [8.2] The statement of complaint identifies the allegation that Mr Tan was aware third parties had transferred specified funds used as investment capital, and accordingly, Ms Sidhu would not meet...

9. VS v CN 51/2016 LCRO [pdf, 151 KB]

   ...business to Mr VS, who would be acting as general manager.5 [6] After some discussion regarding the purchasing entity, whether it should be a company or a limited partnership,6 Mr CN sent terms of engagement dated 19 October 2015 through to Mr DL, care of Mr VS (the letter of engagement). The letter of engagement described the services Mr CN and his team would provide as “to act on your behalf in relation to the purchase and lease of QL Hotel”, and said that the instruction...

10. IK v SN LCRO 42 / 2011 (21 February 2012) [pdf, 98 KB]

    ...had not been executed by all owners, therefore rendering it unenforceable. [21] Mr IK also noted that Mr SN had not provided him with the relevant client information as required by the Lawyers and Conveyancers Act (Lawyers Conduct and Client Care) Rules 2008. [22] He also asserted that Mr SN’s bills of costs amounted to overcharging. [23] After conducting a hearing on the papers, the Standards Committee determined pursuant to section 152(2)(c) of the Lawyers and Conveyancers Ac...