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1. LCRO 63/2020 SJ - Application for review of a prosecutorial decision (28 September 2020) [pdf, 124 KB]

   ...properly raised before the Tribunal itself…. [23] The Committee has before it, a comprehensive report which identifies a number of instances where Mr NB considers Mr SJ has breached the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, the provisions of the Lawyers and Conveyancers Act 2006, and the regulations promulgated pursuant to that Act. That constitutes sufficient grounds to refer matters to the Tribunal, where the full details of each instance...

2. LCRO 69/2020 CX v DW (21 July 2021) [pdf, 185 KB]

   ...enforce the judgment. That was a difficult task because, as Mr DW says:1 …Mr EV indicated that he had no assets. Mr EV was not concerned by the prospect of bankruptcy. Ms CX had always said that Mr EV operates in cash and that he was always vey careful not to have assets registered in his own personal name. Ms CX is aware of the difficulty that Mr EV would always pose for the enforcement of any judgment. She knew Mr EV and his character better than anyone. [6] Ms CX’s frus...

3. The Trustees of Lake Horowhenua Trust - Horowhenua Block 11 (2012) 285 Aotea MB 135 (285 AOT 135) [pdf, 162 KB]

   ...6 Wall v The Maori Land Court - Tauhara Middle 15 Trust and Tauhara Middle 4A2A Trust (2010) 2010 Maori Appellate Court MB 55 (2010 APPEAL 55) at [33] 285 Aotea MB 139 meeting, or who have work, child care or other care giver responsibilities are entitled to have their views considered in the appointment process. Whether it is called a postal ballot or something else is irrelevant. The short point is that, in taking into account the princip

4. LCRO 144/2018 BG v NH (26 May 2020) [pdf, 140 KB]

   ...Committee (X) with regard to the complaints lodged on his behalf by his uncle, Mr EM. [2] The Committee made a finding of unsatisfactory conduct against Mr NH for breach of r 14.4 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) by accepting instructions direct from Mr BG. [3] In his application for review Mr BG seeks “an independent investigation and appropriate actions as per the misconduct”. 2 Background [4] Mr NH is a bar...

5. LG v Otago SC LCRO 275 / 2011 (29 May 2012) [pdf, 80 KB]

   ...clients’ attention that their old easements were surrendered but the new easements had not been registered. As a result of this failure we have been obliged to drive the process to have the new easements registered and their future water rights protected. Therefore our clients now 3 require that you pay their remaining costs for this firm undertaking this work on their behalf. We enclose herewith copies of our account for $1,227.49 and $587.49 and look forward to your immedi...

6. Regulatory Impact Statement: Order of Inquiries to determine fitness to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003 [pdf, 600 KB]

   ...to the standard criminal trial process. If unfit, the court must consider the most suitable method of dealing with the defendant. The possible outcomes for the defendant under the Act are detention in a hospital or secure facility, compulsory care or treatment, or immediate release. 5. Any participant in the case (including the judge or the prosecutor) can raise the issue of fitness to stand trial. In practice, it is most likely to be raised by the defendant or their lawyer. O...

7. [2011] NZEmpC 129 Patel v Pegasus Stations Ltd [pdf, 95 KB]

   ...as raised by the Plaintiff with the Defendant in the above correspondence is not couched as a personal grievance, but even if it were (denied) it is not raised in conformity with s114. It is phrased in the nature of a tort (breach of a duty of care) rather than a disadvantage personal grievance. 17. The Authority had no jurisdiction in tort. The Court’s jurisdiction in tort is limited to industrial action. 18. The forged signature issue as raised by the Plaintiff with the D...

8. AI v AJ LCRO 01/2012 (21 November 2014) [pdf, 53 KB]

   ...[20] My view of Mr AI’s complaint was that it was not limited to a complaint concerning Mr AJ’s reluctance to pursue Mr AK for fees, but rather traversed a broader canvas in that it alleged that Mr AJ had breached his professional obligations to protect Dr AI’s interests. [21] The Committee, in determining to take no further action on the complaint, concluded that: (1) Mr AJ’s role as instructing solicitor was limited to providing instructions for the Court case. (2) Mr...

9. [2023] NZIACDT 27 BT v Li (2 November 2023) [pdf, 209 KB]

   ...request an oral hearing. 7 ASSESSMENT [31] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Futile immigration matters 9. If a proposed application, appeal, request or claim is futile, grossly unfounded, or has little or no hope of success, a licensed immigration adviser must: a. advise the client in wr...

10. XL v BF LCRO 04 / 2012 (19 July 2013) [pdf, 103 KB]

    ...legal fees far in excess of what she believed the legal work would cost and that Mr BF had not properly advised her how she would be billed. She also complained that Mr BF failed to undertake the legal work in a manner that was timely and also protected her interests, leading to her paying expenses that would otherwise have been avoided. Mr BF’s response [4] Mr BF stated that there were a number of difficulties that were faced in trying to complete the transaction. These incl...