Search Results

1. BD v EG LCRO 374/2013 & 376/2013 (30 November 2015) [pdf, 67 KB]

   ...in which the Committee found that Mr EG’s conduct had been unsatisfactory pursuant to s 12(c) of The Lawyers and Conveyancers Act 2006 (the Act) by his contravention of rule 5.4 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules). The Committee otherwise dismissed Mr BD’s complaints about Mr EG’s conduct. [2] Mr EG acted for Mr BD’s former wife after she and Mr BD had settled some of the disputes between them, including relationship...

2. LCDT Annual Report 2023 [pdf, 471 KB]

   ...Disciplinary Tribunal”. The purposes of the Act are set out in s 3 as follows: “3 Purposes (1) The purposes of this Act are— (a) to maintain public confidence in the provision of legal services and conveyancing services: (b) to protect the consumers of legal services and conveyancing services: (c) to recognise the status of the legal profession and to establish the new profession of conveyancing practitioner. (2) To achieve those purposes, this Act, among other...

3. Vikashwarjeet v Devi [2014] NZIACDT 27 (17 March 2014) [pdf, 102 KB]

   ...professional representation for clients before the cancellation took effect. [6.7] The adviser had not lodged the application before she lost her licence. The adviser did not inform her clients she was about to lose her licence, or take any other steps to protect their interests, or discharge her professional duties to them. [6.8] On 17 October 2011, someone in the adviser’s former practice lodged an application for the visitor visas. The application did not identify the adviser. It...

4. Auckland Standards Committee 1 v Ms A [2022] NZLCDT 51 (22 December 2022) [pdf, 255 KB]

   ...prohibited materials, we do not find her exam answers to be so similar to the workbook, that we can safely find she obtained direct assistance from them. In this respect, we think 5 Law Society Inspector Mr Strang, in other respects a careful and conscientious witness, later drew an adverse conclusion without sufficient reflection or comparison. Scrutiny of the material available to us in the hearing fails to satisfy us to a point we can positively find that Ms A cheated.

5. LCRO 117/2017 LA v KB (11 December 2019) [pdf, 157 KB]

   ...“more than two years” after Mr BAK had issued his invoice to the liquidator.12 (2) Conditional fee agreement [25] The Committee determined that Mr BAK had not contravened r 9.8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) because (a) the fee payable by the liquidator to Mr BAK was “based on a multiplication of his normal fee” which was capped, and therefore (b) “the full success fee” was not payable if the total fees ex...

6. LCRO 108/2016 WJ v FM (19 March 2019) [pdf, 146 KB]

   ...2006, (the Act). [15] In reaching that view the Committee concluded that: (a) Ms WJ had, in acting for both vendor and purchaser on the same property transaction, breached r 6.1.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), by failing to obtain informed consent from both parties to the transaction; and (b) Ms WJ had not breached r 6.1. 4 Application for review [16] Ms WJ filed an application for review on 13 May 2016. The o...

7. LCRO 158/2015 PL v VD (21 February 2019) [pdf, 178 KB]

   ...that there had been unsatisfactory conduct, as defined in s 12(c) of the Act, by Mr PL. [18] In reaching that decision the Committee concluded that: (a) Mr PL had breached r 2.10 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); (b) a threat had been made; (c) the email was effectively a threat to use the complaints process to assist in negotiations and that was an inappropriate purpose; (d) to say the email referred to the possibilit...

8. LCRO 60/2016 MO v Standards Committee (27 September 2018) [pdf, 174 KB]

   ...contributors of various defaults that had occurred, noting in particular the defaults that had occurred in a loan to Mr KP. In addition to the breaches of the Rules referred to, the Committee was satisfied that the practitioners had breached their duty of care to the contributors. [5] The Committee determined that the lawyers’ conduct constituted unsatisfactory conduct in terms of ss 12(a) and (c) of the Lawyers and Conveyancers Act 2006 (the Act) and having made this finding, t...

9. Van Wey Lovatt v Health New Zealand (Strike-Out) [2023] NZHRRT 37 [pdf, 202 KB]

   ...additional alleged breaches were the subject of complaints to the Commissioner and HNZ was on notice about those matters. The original statement of claim referred to issues of trespass, false accusations by the defendant and issues with treatment and care in the claim for damages. The amended statement 4 of claim revisits those matters and re-asserts them as claims under other privacy principles. There is no statutory bar to that approach. [13.4] The defendant’s arguments in re...

10. MZ v Sun [2019] NZIACDT 12 (4 March 2019) [pdf, 261 KB]

    ...the 2014 Code [48] The following provisions of the Codes are relied on: Code of Conduct 2010 2. Obligations to the Minister of Immigration, the Department handling immigration matters, the Immigration Advisers Authority and the Immigration and Protection Tribunal 2.1 Legislation and operating requirements A licensed immigration adviser must, at all times: … b) act in accordance with immigration legislation, including the Immigration Act 2009 and regulations made under it,...