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1. LCRO 83/2020 BA v SC (18 December 2020) [pdf, 265 KB]

   ...of regulated services (not being a contravention that amounts to misconduct under [s] 7)”.8 [42] The professional duties that bind lawyers when acting for clients are contained in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) which, as the name suggests, concern the way in which lawyers must (a) conduct themselves, and (b) act for their clients. [43] Although the Rules, which expand on lawyers’ fundamental obligations, do not rep...

2. Human v New Zealand Law Society [2014] NZLCDT 32 [pdf, 174 KB]

   ...Following a complaint the Standards Committee conducted a hearing and found the appellant to have breached the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 and to have acted incompetently contrary to Rule 3 of the Conduct and Client Care Rules and also to have breached Rules 5, 10 and 4.4. The penalty imposed on the practitioner was a fine of $10,000 together with costs of $2500 and refund of his fees paid by the complainant. He was also to make his practice avail...

3. BORA Manukau City Council (Control of Graffiti) Bill [pdf, 322 KB]

   ...triggered at the point of detention, and a statutory requirement to provide information while arrested or detained raises a prima facie issue of inconsistency under this section. 23. The Canadian Supreme Court has outlined the significant degree of protection that the law affords to the right to refrain from making a statement when arrested or detained. In R v Hebert,[6] McLachlin J (as she then was), said: The purpose of [the right] is two-fold: to preserve the rights of the detained i...

4. [2020] NZREADT 03 - AJS Rental Realty Ltd (14 February 2020) [pdf, 164 KB]

   ...auditor, but failed to do so. [12] Ms Woolley submitted that compliance with the audit regulations is not in the category of “something that is nice to have”. Rather, she submitted, compliance is mandatory, and an essential part of the consumer-protection function of the Act. She further submitted that the Agency had been put on notice by its auditor that its practices fell significantly short of the regulatory requirements, and that those shortcomings could lead to a breach o...

5. CAC403 v Mansell [2019] NZREADT 38 (22 August 2019) [pdf, 266 KB]

   ...property about those issues, and the remedial steps taken. [8] Accordingly, we find Ms Mansell guilty of misconduct under s 73(a) of the Act (disgraceful conduct). Penalty principles [9] The principal purpose of the Act is to “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.”1 The Act achieves these purposes by regulating agents, branch ma...

6. CE v FG LCRO 346/2013 (27 August 2015) [pdf, 55 KB]

   ...In late 2004 Mr FG took instructions from CE and his wife, with regard to new wills, and on 4 November 2004 he sent a letter to them enclosing a draft of their wills. 2 He also recommended they should establish both property and personal care and welfare EPAs. [4] Mr FG then met with Mr and Mrs CE on 16 December 2004 at which time he asserts they signed the EPAs. He also asserts that the EPAs were then signed by the attorneys by no later than 11 January 2005.1 [5] It wou...

7. ORC & Ngai Tahu Ki Murihiku - EIC - Dean Whaanga - 17 September 2021 [pdf, 146 KB]

   ...held the position of Kaiwhakahaere since 2017. 4 I regularly work with local authorities, including Otago Regional Council (ORC or Council), and other agencies at the governance and operational levels to support the well-being of whānau and protect the rights, interests and values of Ngāi Tahu ki Murihiku. I regularly engage with ORC through Mana to Mana and Te Rōpū Taiao forums, representing Papatipu Rūnanga as a result of our Charter of Understanding with them1. 5 I hav...

8. 2023-10-11-MTA-Rebuttal-Evidence-of-D-Wilson.pdf [pdf, 228 KB]

   ...15. Mrs Di Rump discusses how we have worked with Ngā hapū o Raukawa and Waka Kotahi in order to see our mātauranga appropriately recognised by the Project in her evidence. 16. Because our mātauranga is a taonga, we as an iwi are very careful about how much we wish to share and with whom. It is important that some of our mātauranga be reserved solely for Muaūpoko people such as our wāhi tapu and whakapapa connections. However, it is equally important that this Project...

9. Auckland Standards Committee 3 v Mr G [2024] NZLCDT 16 (31 May 2024) [pdf, 164 KB]

   ...putting the consumer of legal services at risk, we will adopt it. This is one such case. [2] Mr G had admitted one charge of misconduct, arising out of the alteration of an email chain. The Tribunal’s task then was twofold – to determine a protective and remedial series of orders, proportionate to the conduct; and to consider whether the public interest in knowing the identity of the lawyer outweighed the personal interests of that young lawyer in trying to resurrect his car...

10. CAC20003 v Cooper [2013] NZREADT 11 [pdf, 59 KB]

    ...had gone unconditional. We held (at [63]) that such conduct was “at the high end of disgraceful conduct which struck at the very heart of the duties of a real estate agent as set out in the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009.” Had the defendant not been in liquidation and ceased trading, we would have made an order cancelling its licence. [10] In CAC v N [2012] NZREAD18 the defendant made transfers of funds totalling $76,650 to her personal ba...