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1. [2022] NZIACDT 7 - TA v Tian (27 April 2022) [pdf, 211 KB]

   ...uphold it but take no further action or uphold it and impose one or more sanctions.10 [45] The sanctions that may be imposed by the Tribunal are set out in the Act.11 The focus of professional disciplinary proceedings is not punishment but the protection of the public.12 [46] 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 i...

2. Thompson & Ors v CAC 20006 & Adams [2013] NZREADT 65 [pdf, 90 KB]

   ...to remain 244A and 244B, and the existing dwelling was to remain 244C. [10] On 26 April 2012, Mr Law prepared a written market appraisal for the properties in accordance with Rule 9.5 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. It was prepared to reflect the current market conditions and confirmed comparable information on sales of similar land in the area. It recorded the recent sale of two similar vacant sections in the area. However, the recent...

3. LCRO 130/2022 FN v EO (31 October 2023) [pdf, 261 KB]

   ...the work of Mr FN; c. whether the fees charged by [Law Firm A] were fair and reasonable. Competence and timeliness [34] The Committee referred to the requirements of r 36 and 7.17 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Conduct and Client Care rules). [35] The Committee:8 … noted the work undertaken by Mr FN in his management of the retainer, and found a number of failings from the material on the file. Particularly, it noted th...

4. ORC - EIC - Dolina Lee - 15 October 2021 [pdf, 902 KB]

   ...bodies by managing intensive winter grazing until the NES-F provisions come into force. 44 ORC have also committed to undertake further work in the development of the LWRP to identify any areas where more stringent requirements may be required to protect water quality. In my opinion, this is an 27 Proposed PC8 S32 Report 9 April 2020 paragraphs 1.4 and 1.5 13 appropriate way to address the issue, rather than having a broad brush approach across the whole region. Ou...

5. Body Corporate 85978 and Unit Owners of St Pauls Apartments v Wellington City Council & Ors [2013] NZWHT Auckland 9 [pdf, 228 KB]

   ...however relate to the nature of its use at the time the application is filed under the Act. The relevant consideration is whether it was intended to have as its principal use occupation as a private residence. [57] The Act is in part consumer protection legislation and was designed to assist the owners of leaky homes. It was not intended to provide assistance for the owners of commercial properties to resolve disputes in relation to leaky buildings. This is the main reason f...

6. LCRO 2/2018 MC v TL (17 June 2020) [pdf, 304 KB]

   ...enquiries. [19] However, the Committee decided that any “failings” by Mr TL in responding to Mr MC’s inquiries “were minor” and “not of sufficient gravity” as to contravene r 3.2 of the Lawyers and Conveyancers Act (Conduct and Client Care) Rules 2008 (the Rules). [20] In reaching that position, the Committee (a) acknowledged that due to other client work a lawyer’s response “may not always be as timely as a client would like”, (b) observed Mr TL’s communic...

7. LA Provider Manual Part 1 Approvals - December 2018 [pdf, 1.1 MB]

   ...Criminal Proceedings Clause 6 Duty lawyer Clause 7 Police Detention Legal Assistance Clause 8 Civil Clause 9 Family Clause 10 Māori Land/Māori Appellate Courts Clause 11 Waitangi Tribunal Clause 12 Mental Health Clause 13 Refugees and Protected Persons Clause 14 Court of Appeal and Supreme Court Application requirements Introduction This section lists the application requirements for each provider type. Required materials The table below lists the required materials...

8. Standards Committees v Deliu [2016] NZLCDT 41 [pdf, 441 KB]

   ...breaching his judicial oath and of judicial corruption. [12] These six offences were “speech” offences. They involved excessive, disgraceful and baseless attacks on Judges made in provocative and intemperate language, and for the purpose of protecting the practitioner’s own interests. The accusations included allegations of discrimination and racism by the Judges towards both counsel and clients, and corruption in carrying out their duties. They were repeated over the years...

9. LA Provider Manual Part 1 - provider approvals [pdf, 990 KB]

   ...Criminal Proceedings Clause 6 Duty lawyer Clause 7 Police Detention Legal Assistance Clause 8 Civil Clause 9 Family Clause 10 Māori Land/Māori Appellate Courts Clause 11 Waitangi Tribunal Clause 12 Mental Health Clause 13 Refugees and Protected Persons Clause 14 Court of Appeal and Supreme Court In this chapter This chapter contains the following sections: Section See Page Application requirements 19 Approval types 20 Criteria for approval – all applicants 2...

10. LCRO 81/2018 QQ v RR (26 November 2019) [pdf, 548 KB]

    ...value of $1,310,000 at that time, and included a division of trust assets. It recorded that their agreements related to:2 the future administration of the Family Trust and RR Trust, division of relationship property, maintenance, child support and care arrangements for the children. The agreement recorded the total value of relationship property, including the assets of the Family Trust … as … $2,433,300 … half share … $1,216,650. Mrs and Mr RR agreed who was entitled to wha...