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...a good idea to drink some water while you wait. Some things to consider: • How will you get to testing? How long will it take you to get there? • What do you need to arrange or what might you need some help with? (for example, child care) • Avoid bringing children to the testing clinic – you won’t be able to have children with you while you’re giving a sample. Use the space below to plan: What happens at testing? When you get to the te...
...appearance for the second respondent complainant DECISION OF THE TRIBUNAL Introduction [1] This appeal is about a real estate agent deleting an addition to a transaction document when that addition had been added by a vendor’s solicitor for the protection of that vendor. However, on careful analysis, we do not think the complaint can be sustained in the particular facts of this case. [2] On 31 July 2014 Mr Shane Herbert (“the complainant and lawyer for vendor”) complain...
...any compelling evidence that the licensee misled or misrepresented the Complainant regarding the ownership status of the small laundry; [b] Found that the licensee included in the sale and purchase agreement all additional clauses necessary to protect the purchaser when resource consent and title were pending; [c] Accepted that the Complainant had formed the view that the small laundry was part of the property he was buying; [d] Accepted that the preliminary plan was far from expl...
...conduct per section 73 of the Trustee Act 1956. The trustees had acted with an honest and sincere belief on advice that the steps they were taking were both appropriate and lawful. They now acknowledge that they acted in breach of trust and have carefully considered the negative findings made against them in the 30 July 2008 judgment. It was appropriate therefore that relief be granted to the trustees accordingly. [9] FOlllthly, given the previous submission, there was no impediment t...
...and “say it on the stand”. This amounts to an allegation that Mr Marlborough counselled Mr Romford to commit perjury. This would of itself be a criminal offence. It would also be a serious breach of r 13.10 of the Rules of Conduct and Client Care which state “A lawyer must not adduce evidence knowing it to be false”. [23] Mr Romford says he took notes of the story Mr Marlborough told him on 23 September 2008. That story involved a dog running on the road in front of him and...
...even if we have to take up a loan secured by our property; we will do whatever is needed”. [13] LQ then sent a further email to YT:3 Dear YT, please see attached our services terms and conditions (retainer). Please look through this document carefully. This is not an agreement. These are the conditions under which we provide services to our clients and we must ensure under the Country A legislation that you are familiar with them before we commence our services. … [14] When...
...course of this complaint.26 The effect of delaying Court proceedings added significant amounts to the fee that Mr BY charged Mrs AZ for legal advice.27 Review [27] All material provided to the Standards Committee and to this Office has been carefully reviewed and if any of Mr AZ’s submissions are not specifically addressed in this decision it does not mean they have not been considered. [28] The review progressed by way of an applicant only hearing in Auckland on 12 June 2017 a...
...“(ii) of an incorporated [law] firm, or former incorporated [law] firm; or (iii) of … an employee or former employee [who is not a lawyer] of a [lawyer] or an incorporated [law] firm”. 13 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, Preface, Notes about the rules, Schedule. 12 (3) Mrs FH’s instructions [57] The Trustee Act confers on trustees, including executors or administrators, the power to sell any property vested in the trustees.14...
...Samantha's real parents were "totally involved in her upbringing." However, they did not make the final decisions about Samantha, the deceased did. 19 Under cross-examination she acknowledged that she was not providing filiI time care to Samantha who was then 13 years of age.20 This was an indication that Samantha's parents remained fully involved in her day to day care. But in answer to a question fi'om the Court she testified that the deceased had described...
...the complainant and by assisting her to respond to Immigration New Zealand’s letter. These mistakes were isolated and not part of a wider provision of immigration advice to the complainant or other clients. The Headsun staff had now reflected carefully on what had happened. [30] Counsel stated that Mr Lu now acknowledged that on one occasion he did check and make minor grammatical suggestions to the contents of the complainant’s 7 proposed letter in response to Immigratio...