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1. Harvey v CAC 10063 & Kelsall [2012] NZREADT 21 [pdf, 114 KB]

   ...journalist having telephoned the appellant, as the listing real estate agent, to ascertain whether there had been developments towards the sale of the property since the auction. [8] It is clear to us that the appellant, who gave evidence and was carefully cross- examined before us, has been proud of his record up till now of no complaints being made against him as a real estate agent for over 12 years. He is a highly successful agent selling about 45 to 50 houses per annum.

2. LCRO 35/2018 MR v GB (4 April 2019) [pdf, 266 KB]

   ...“subsequent correspondence with Dr JK, in conjunction with his drafting of the document [notice of withdrawal], amounts to unsatisfactory conduct pursuant to s 12(b) of the Act”.7 [25] The two notices which Dr JK had put to Mr GB to sign read: After careful consideration and after seeking independent advice, I wish to withdraw my complaint about the conduct and professional charges of [lawfirm1], Solicitors [town] and Mr [MR] who is an executor of the estate. I now appreciate th...

3. KB v JR LCRO 246/2012 (20 May 2014) [pdf, 175 KB]

   ...whether or not Ms JR was providing regulated services. If it is considered that she was not providing regulated services then her conduct is not subject to regulation under the Lawyers and Conveyancers Act 2006 (the Act) or the Conduct and Client Care Rules 2008 (the Rules).5 [9] Ms JR referred to AH v ZS.6 In that case, the lawyer was both executor and trustee of a will, and one of two trustees of a trust established by the deceased during the testator’s lifetime. In that de...

4. [2024] NZREADT 16 TG v CAC 2204 & XW (5 June 2024) [pdf, 243 KB]

   ...principal agent. The complaint was referred to Complaints Assessment Committee 2204 (the Committee). The Committee decided on 26 September 2023 that, while the principal agent had breached the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules), it would take no further action. It is from this decision that the neighbour appeals. BACKGROUND [3] The complaint concerns the website advertising of the motel, located in a provincial city. TG, the ne...

5. Auckland Standards Committee 1 v Arman [2019] NZLCDT 18 [pdf, 340 KB]

   ...could represent a client on charges involving serious sexual offending for over two years without ever printing the material disclosed electronically by the prosecution, but that is at least a reasonable possibility in this case.” [32] In his careful decision, Judge McNaughton granted the application to vacate WJ’s guilty pleas, having found there had been a substantial miscarriage of justice. The Judge concluded there had always been an available defence and that WJ had not re...

6. PA v Standards Committee LCRO 267/2014 (30 June 2015) [pdf, 68 KB]

   ...where he had a conflict of interest. • Had knowingly used estate assets as security for personal borrowing of the executor and his partner. • Had failed to preserve Ms LD’s interest as a residuary beneficiary and had breached his duty of care to her. • Had been a party to transactions which he ought to have been aware were improper. • Had been a party to transactions which resulted in the loss of Ms LD’s beneficial interest in estate assets. [28] The Standards Comm...

7. [2012] NZLCDT 14 Auckland Standards Committee v ABC [pdf, 181 KB]

   ...granted. [8] The Tribunal advised that it would provide full reasons for its decisions in due course, which it now sets out. Background facts [9] The agreed Statement of Facts recorded the practitioner’s professional background over a career involving in excess of 30 years in legal practice. It noted that in 2010 she had been acting for a long-standing client on the acquisition of a property. The acquisition was to be facilitated by funding from a bank to be secured...

8. [2006] NZEmpC AC 55/06 Downey v NZ Greyhound Racing Assoc Inc [pdf, 80 KB]

   ...Mr Downey’s contract was terminated on 15 June 2004 by the giving of 30 days’ written notice. The contract [13] The document is entitled “Independent Contractor Agreement”. It is dated 1 October 2002. The wording of the agreement is careful to note that the plaintiff, Mr Downey is not an employee. It provides that he is not to represent to any third party that he is anything other than an independent contractor. Mr Downey (referred to throughout as “the con...

9. CM v RG LCRO 131/2012 (7 September 2015) [pdf, 67 KB]

   ...considered the complaint and parties’ correspondence in the context of the rules dealing with misleading and deceptive conduct in Court2 and misleading and deceptive conduct in relation to a lawyer’s practice.3 It noted Mr RG had an obligation to protect his client’s privilege in the matter, and that it had requested a copy of the invoice from him, but he had not provided a copy to the Committee.4 [10] The Committee noted the High Court’s judgment in favour of the liquidators,...

10. AF v BN LCRO 166 / 2011 (25 July 2013) [pdf, 144 KB]

    ...AF’s complaint were whether, Mr BN had properly supervised Mr BO as required by Rule 2 Letter from Vendor’s solicitor to [Law Firm 1] (1 February 2008). 6 11.3 of the Conduct and Client Care Rules,3 and that Mr BN had failed to advise Mr AF of the misrepresented price. [32] Mr AF seeks compensation for the losses incurred by General Finance ($72,046.17), that Mr BN be censured, and ordered to undergo training in staff su...