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1. LCRO 156/2023 PF v NY, WJ and MQ (11 October 2024) [pdf, 247 KB]

   ...thumb screws, tie them up with unfounded complaints and send a message about who is in control of the Trust. Whilst this “bigger picture” might not be part of your direct review, it 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 2 Lawyers and Conveyancers Act 2006 (the Act). 8 illustrates what is really going on in this case, and why it was important, apart from the legality of the lawyer’s actions, to call out the lawyer’s con...

2. [2012] NZEmpC 97 Doran v Crest Commercial Cleaning Ltd [pdf, 224 KB]

   ...Kiely and Mere King, counsel for the defendant Judgment: 21 June 2012 JUDGMENT OF THE FULL COURT [1] Part 6A of the Employment Relations Act 2000 (the Act) came into force on 1 December 2004 1 . Its stated object 2 is to “provide protection to specified categories of employees if, as a result of a proposed restructuring, their work is to be performed by another person”. To this end, Part 6A gives “the employees a right to elect to transfer to the other person as...

3. [2017] NZEnvC 053 Federated Farmers of New Zealand v Mackenzie District Council [pdf, 17 MB]

   ...then they must advise the Mackenzie District Council of those in writing by 22 May 2017. c: The Mackenzie District Council shall prepare and circulate a copy of PC13 as confirmed by this decision (and including all amendments taking particular care with the numbering of the rules) and must lodge it with the Registrar by 17 June 2017 (or such extended date as the court may grant on application) for final confirmation. 0: If any party considers the version of PC 13 lodged under the...

4. [2023] NZIACDT 28 – YI v MM (8 November 2023) [pdf, 161 KB]

   ...[97], [101]–[102] and [112]. 8 ASSESSMENT [34] 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. Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, and … Code and complaint documents 17. Before entering into a written...

5. LCRO 247/2015 TL v CS (19 July 2017) [pdf, 240 KB]

   ...2015, determined, pursuant to s 152(2)(b)(i) of the Lawyers and Conveyancers Act 2006 (the Act) that by acting for Mr D and Mr H against Mr CS: (a) Mr TL had contravened rule 8.7.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules) which constituted unsatisfactory conduct under s 12(c) of the Act. (b) In the alternative, Mr TL’s conduct “[fell] short of the standard of competence and diligence that a member of the public is entitled to...

6. TE v Wellington Standards Committee LCRO 100/2010, 92/2011, 153/2012 (1 February 2013) [pdf, 126 KB]

   ...section 7(1)(b) has any relevance to the determination. [46] In Shrewsbury v Rothesay, the LCRO discussed the provisions in Australian jurisdictions parallel to the Lawyers and Conveyancers Act and also considered the purposes of the Act, being to protect consumers of legal services and to provide a more responsive regulatory regime in relation to lawyers and conveyancers. At paragraph [30] of that decision he noted: - It would defeat that purpose [of consumer protection] if the...

7. EQE v ICQ [2019] NZIACDT 37 (6 June 2019) [pdf, 189 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.4 [32] The sanctions that may be imposed by the Tribunal are set out in the Act.5 The focus of professional disciplinary proceedings is not punishment but the protection of the public.6 [33] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ...

8. BW v NA LCRO 266/2012 and 269/2012 (9 June 2014) [pdf, 185 KB]

   ...and his view that his fees were not excessive. It recorded the steps it had taken in its enquiry leading up to the hearing including receiving Mr NA’s submissions, set out sections of the Act, Trust Account Regulations and Conduct and Client Care Rules (the Rules),2 dealt with the two aspects of Mr BW’s complaint then considered the following two issues which arose from the issues it had identified in the notice of hearing: a) Whether or not [the $6,500 fee was] in fact debited...

9. BG & BG v Hakaoro [2013] NZIACDT 63 (19 September 2013) [pdf, 157 KB]

   ...decision, had now expired. Accordingly, he was now in New Zealand unlawfully and had to leave or he was liable for deportation. [21] The following day the complainants paid Mr Hakaoro $500 to lodge an appeal against the decision with the Immigration and Protection Tribunal. Mr Hakaoro issued a receipt, which stated that the payment was for “appealing”. [22] The complainants did not receive any correspondence from Mr Hakaoro. On 26 January 2012, they went to see Mr Hakaoro to obtain...

10. [2021] NZACC 104 - A v ACC (16 July 2021) [pdf, 309 KB]

    ...due to the nature of the treatment and the ability to receive it with ever improving online technology. Although s 28 does not apply, the general policy of the Act is still on New Zealand registered providers. This provides an element of public protection because these are persons within this jurisdiction and who are subject to professional disciplinary and competency assurance requirements. It would take a decision by Parliament to depart from this, even for video-link treatment...