Search Results

1. McCleery – Waihaha 3D2 Inc (1997) 1 Waiariki Appellate MB 67 (1 AP 67) [pdf, 1.4 MB]

   ...subsection (7) take into account that there could be times when the situation disclosed to the Court as a result of an investigation may be of such a serious nature that the Court has to act quickly and exercise its powers under subsection (7) for the protection of the shareholders of the Incorporation without due process of holding a hearing. 09118/03 6:18PM;JetFak__#782;Page 812064 9 3078347;Sent by: ADLS LIBRARY 1 Waiariki Appellate MB 73 As part of his submission Mr Powell contended th...

2. CB v DS LCRO 61/2017 [pdf, 91 KB]

   ...Ms H, who had been in a relationship with Mrs CB’s son W for eight years or more. W was named as registered proprietor on the title to 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 2 property at Papamoa Beach. Mrs CB contends W had no beneficial interest, was only registered on the title to the property and was a bare trustee.2 On that basis Mrs CB says Ms H had no right to claim any interest in...

3. CT v XD LCRO 218 / 2010 (10 June 2011) [pdf, 88 KB]

   ...progress of the case was limited, although his counsel refers to a plethora of telephone conversations. [5] At some stage between 5 March 2009 and 29 May 2009, the Respondent ceased his association with CU and the Applicant’s file was in the care of other lawyers engaged by CU. [6] The Applicant’s claim was unsuccessful following a ruling by the Employment Relations Authority that the Applicant was not an employee and a costs order was made against him. [7] The Applicant a...

4. ED v VV LCRO 229 / 2010 (15 June 2011) - Costs Decision [pdf, 104 KB]

   ...against a lay person, it must be remembered that the scheme of the complaints procedure, is to enhance the rights of consumers to complain about the conduct of lawyers. The inclusion of the concept of unsatisfactory conduct has introduced a consumer protection element into the disciplinary process that did not previously exist. [15] Those rights are extended to the right to seek a review of decisions by the Standards Committees. In this regard, it is important to recognise that thi...

5. LCRO 139/2017 ML v OP QR [pdf, 290 KB]

   ...agreements with Mrs ML”. [16] In arriving at its decision that [Law Firm A]’s three invoices, both individually and collectively, were fair and reasonable the Committee referred to r 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), and the requirement in that rule to take into account the fee factors set out in r 9.1. The Committee noted those of the fee factors which it considered relevant to each matter.2 Application for review...

6. Wang v Denekamp [2018] NZIACDT 48 (23 November 2018) [pdf, 152 KB]

   ...[13.5] I also take account of the obligation to retrain before re-entering the profession. 6 [14] In all, the penalty will be reduced to $4,500. Compensation and the refund of fees [15] When dealing with compensation this Authority is careful to ensure there is a direct nexus between a lapse in professional standards and a loss claimed by the complainant or other party. It is also conscious that the jurisdiction is concurrent with others where recovery may be pursued,...

7. Poole v Yorkshire LCRO 133 / 2009 (11 November 2009) [pdf, 71 KB]

   ...arguments that the decision to prosecute is ill founded can of course be properly raised before the Tribunal itself. These considerations might properly be considered under the general rubric of the purpose of the Lawyers and Conveyancers Act to protect the consumers of legal services and conveyancing services by providing a more responsive regulatory regime (s 3). I also observe that s120 of the Act sets out the purpose of Part 7 of the Act which is titled “Complaints and Discipl...

8. Lairg v Canterbury LCRO 219 / 2009 (24 April 2010) [pdf, 81 KB]

   ...makes it improper for the Practitioner or anyone in his firm to act for the ex wife. [13] A lawyer does have an ongoing professional obligation to keep confidential all information gathered from a client, and Rule 8.7 of the Conduct and Client Care Rules 4 makes provision for a lawyer’s obligations towards a client, whether a current or former client. The rule is significantly concerned with information that is held by the Practitioner and aims to ensure that there is n...

9. NZCVS Cycle 2 (2018 – 19) Key Findings [pdf, 1.5 MB]

   Disclaimer 1. While all care and diligence has been taken in processing, analysing, and extracting data and information for this publication, the Ministry of Justice gives no warranty that it is error free and will not be liable for any loss or damage suffered by the use directly, or indirectly, of the information in this publication. 2. This report contains highly aggregated data. No identifiable personal data are included in the report. 3. Estimates ar

10. Tapiki and Eru v New Zealand Parole Board (Strike-Out Application) [2017] NZHRRT 41 [pdf, 172 KB]

    ...(other than the offender). [11] It is the position of Ms Tapiki and Ms Eru, that in terms of s 50(2), they are person(s) other than the offender and the disclosure of their address unduly interfered with their privacy. The Parole Board could have protected their privacy and withheld their address pursuant to s 50(2) but did not. [12] In reply, the Parole Board reiterated that s 50 required the release of Mr Dolman’s release conditions (including his address) and reiterated that th...