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1. FE v MB LCRO 328/2012 (23 February 2015) [pdf, 70 KB]

   ...taken a different view of the evidence that was available to the Committee, but have reached the same conclusion as the Committee, namely that there is no jurisdiction to consider the conflict of interest aspect of the complaint. [34] Having carefully considered all of the information available on review, I have identified no reason to interfere with the Committee’s discretion, or its decision in respect of the allegations of negligence and failure to produce information. The p...

2. Nightingale v CAC10055 & Lee, Godfrey & Barfoot & Thompson Ltd [2012] NZREADT 55 [pdf, 67 KB]

   ...against Mr Nightingale in both the District Court and High Court. 20. The events in issue took place in 2007. This preceded the enactment of the Real Estate Agents Act 2008 and making of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. While it is doubtful that clause 11.1 of the standard form agreement would satisfy s.126 of the 2008 Act, unless provision were made for it to be signed also by the agent so as to comply with s.126(1)(a)(ii), the positio...

3. Central Standards Committee 3 v Bailey [2023] NZLCDT 53 (5 December 2023) [pdf, 191 KB]

   ...consent is obtained, but it later becomes apparent that the lawyer will no longer be able to discharge the obligations owed to all of the clients for whom the lawyer acts, the lawyer must 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 2 MC v QK2 LCRO 123/2019 and LCRO 124/2019. 3 immediately inform each of the clients and terminate the retainers with all of the clients. Exiting the engagements may be disappointing and even frustrating for...

4. NL v Joseph [2020] NZIACDT 6 (31 January 2020) [pdf, 125 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.4 [35] 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 [36] 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...

5. LCRO 189/2021 KP v MM (10 February 2022) [pdf, 175 KB]

   ...inappropriate. 2 [3] The issue on review is narrow: should a finding of unsatisfactory conduct be made against Mr MM for what the Committee described as a “technical breach” by him of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). Background [4] Through a company called [Company A Limited], in which he is the sole director and shareholder, Mr KP carries on business in car sales.1 He sold a vehicle to a Mr P. [5] Mr P had comp...

6. LCRO 47/2017 KD: Review of a prosecutorial decision (30 June 2017) [pdf, 180 KB]

   ...hold the total sum on trust for the benefit of CBL. I believe a police complaint needs to be made – I will put this in writing Monday – WS [16] Mr KD replied: Noted talk tomorrow already done can’t be reversed rumours just upset you think carefully don’t react [17] On Monday 3 February 2014, Dr WS sent an email to Mr KD saying: 1. I have reread your email of 30 January regarding the receipt of the $50,000 from CBL. Your email is possibly not totally clear. You rang me th...

7. LCRO 32/2022 QP v ZH (28 March 2023) [pdf, 209 KB]

   ...basis of other complaints: • Costs incurred for placing funds on term deposit and for preparing statements. Mr QP speculates that the funds may not have been placed on deposit. 3 • Potential breach of r 10.2 of the Conduct and Client Care Rules.1 • [Law firm K] was conflicted when it continued to act for Ms WO on her personal matters, including the purchase of another property. [Law firm K] response [13] [Law firm K] responded under the hand of two of its direct...

8. [2015] NZEmpC 194 Tuala v Linfox Logistics (N.Z.) Ltd [pdf, 122 KB]

   ...subject to such conditions, including conditions as to the giving of security, as the Court thinks fit to impose. [20] In Duncan v Osborne Buildings Ltd, the Court of Appeal stated in relation to an application for stay: 2 … [I]t is necessary carefully to weigh all of the factors in the balance between the right of a successful litigant to have the fruits of a judgment and the need to preserve the position in case the appeal is successful. Often it is possible to secure an int...

9. LP v MT LCRO 74/2013 (22 October 2014) [pdf, 78 KB]

   ...different proposition from that which formed the basis of Ms LP’s first offer. [43] Ms LP’s first offer was for $175,000 and that was the price accepted by the mortgagee in the Agreement which was finally signed. However, the benefits and protections of the first offer were not included in the offer as accepted and consequently the value to Ms LP was substantially reduced. [44] If, as suggested by Ms NQ in her email to Ms LP dated 29 November, it was possible for the mortgag...

10. Legal Complaints Review Officer v Morrison [2018] NZLCDT 40 [pdf, 339 KB]

    ...is well known that the Disciplinary Tribunal’s penalty function does not have as its primary purpose punishment, although orders inevitably will have some such effect. The predominant purposes are to advance the public interest (which include “protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases. Seriousness of the offending [3] The starting...