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1. National Standards Committee 2 v Mr Q [2023] NZLCDT 14 (2 May 2023) [pdf, 213 KB]

   ...out in the following passage3: [13] It is now well established that the purpose of penalties imposed in professional disciplinary proceedings is not punitive. Rather, it reflects the purposes of the Lawyers and Conveyancers Act 2006 (LCA): the protection of the public, the upholding of professional standards and of the confidence that the public has in the legal profession. 3 See above n 2. 6 [14] As well as that, an assessment of proportionate penalty includes cons...

2. EA v NR LCRO 130/2015 (31 October 2016) [pdf, 174 KB]

   ...determined, pursuant to s 152(2) of the Lawyers and Conveyancers Act 2006 (the Act) that there had been unsatisfactory conduct on the part of Ms NR in that she had contravened Chapter 8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules). Rule 8 imposed a duty on Ms NR to protect and hold in strict confidence all information concerning Mrs EA, the retainer, and Mrs EA’s business and affairs acquired in the course of the professional relatio...

3. Appeal Against Penalty Olde-Olthof & Anor v REAA CAC 20005 & Anor [2014] NZREADT 37 [pdf, 70 KB]

   ...competent licensee and is conduct that 4 would reasonably be regarded by agents of good standing as being unacceptable.” The Rules Referred to By the Committee [12] Rules 5.1, 6.4 and 6.5 of Real Estate Agents Act (Professional and Client Care) Rules 2009 read: “5.1 A licensee must exercise skill, care, competence, and diligence at all times when carrying out real estate agency work. 6.4 A licensee must not mislead a customer or client, nor provide false information...

4. Committee on the Elimination of All Forms of Racial Discrimination – summary record 18th-20th reports [pdf, 148 KB]

   ...century. In 1840, representatives of the British Crown and Maori chiefs had signed the Treaty of Waitangi, the nation’s founding document, which gave the Crown the right to govern New Zealand and develop settlements while guaranteeing Maori full protection of their interests and status and full citizenship rights. Four Maori seats had been established in Parliament in 1867. 3. In 1975, the Government had established the Waitangi Tribunal to hear Maori grievances against the Crow...

5. Leaders Real Estate (1987) Limited v CAC20008 & Anor [2015] NZREADT 41 [pdf, 155 KB]

   ...essence of the initial complaint against the applicant was that it was using a listing agreement form that was unnecessarily onerous and harsh in its terms and in the breach of Rule 9.12 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. That Rule reads: “9.12 An agent must not impose conditions on a client through an agency agreement that are not reasonably necessary to protect the interests of the agent.” [4] In particular, it is put that the appli...

6. PGP & QGP v FS LCRO 143/2014 (27 August 2015) [pdf, 72 KB]

   ...Committee failed to give sufficient weight to their evidence. • Mr FS was, in the course of the transaction, acting for his son. 4 • Mr FS had contravened rules 10.2 and 12 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), in that he should not have communicated directly with Mr and Mrs GP and should have advised them of their right to take legal advice. [15] In response Mr FS submits that: • Mr and Mrs GP were aware of the...

7. [2020] NZEnvC 212 Dunedin City Council v Ross [pdf, 15 MB]

   ...clearance would have resulted in their loss from the cleared area. [31] In his reply affidavit of 18 October 2019 Mr Ewans maintained his position that the respondents cleared at least 0.1 ha of indigenous and non-pest plant vegetation in the protected area on the property. [32] Mr Ewans's third affidavit speaks of the joint visit of himself and Dr Thorsen on 25 September 2019 to attempt agreement on the composition of the remaining vegetation. They identified remaining trees...

8. Legal Complaints Review Officer v Hong [2013] NZLCDT 9 [pdf, 224 KB]

   ...provisions of the Lawyers and Conveyancers Act 2006 (“the Act”) and the Lawyers 2 Section 7(1)(b)(ii) Lawyers and Conveyancers Act 2006. 5 and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“CCCR”), and that those breaches amounted to misconduct in terms of s 7(1)(b)(ii) of the Act. [16] The provisions said to be breached were: (a) Section 4(a) of the Act and Rule 2 CCCR, by Mr Hong failing in...

9. Ngati Pahauwera Affidavits 2 of 4 [pdf, 11 MB]

   ...back to them. One place we used to go to was 12 miles out from Waihua - I can't remember the name of the spot. Soon as you can just see the top of Whakapuanaki you stop. Man, we used to get the snapper there. 14. You've got to be careful when you take your boat off the beach - you have to count the waves. You can't come up the bar - land on the beach, it's safer. When you come in you have to time it to come in behind the big waves - you have to count them. A...

10. 2013 archive

    ...Procedure Act implementation Legal Aid: Criminal Procedure Act 2011 consultation response on changes to the criminal fixed fees Pre-approved disbursements for criminal cases Temporary travel and parking disbursements for Upper Hutt and Feilding courts Protection of Personal and Property Rights Act 1988 Consultation response paper for new family legal support service The Ministry of Justice recently consulted on a new legal support service, which is being established as part of reforms to the f...

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