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1. [2023] NZIACDT 7 - EQ v McCarthy (20 March 2023) [pdf, 205 KB]

   ...longer acting for the complainant. It is not known by the Tribunal whether a residence application was filed. Decision of the Tribunal [12] The Tribunal found Mr McCarthy breached numerous provisions of the Code: (1) Failed to exercise due care and diligence in ensuring the second expression was completed correctly and failed to carry out the complainant’s instructions, in breach of cls 1 and 2(e). (2) Failed to inform the complainant that he could not continue to provide...

2. [2021] NZIACDT 7 - IMH v Marica (22 March 2021) [pdf, 218 KB]

   ...Authority upheld the complaint of misleading behaviour. Ms Marica had deliberately concealed from the complainant the error in the immigration consultancy’s record. [17] It was also found that Ms Marica had failed to conduct herself with due care and in a timely manner, in failing to recognise that the visa expiry date on the record was incorrect and hence in not filing the renewal application on time. She should have checked the file record, as the complainant had sent her a...

3. Auckland Standards Committee 1 v Kwon [2024] NZLCDT 44 (11 December 2024) [pdf, 199 KB]

   ...of professional responsibility: misconduct; negligence3; or unsatisfactory conduct? 1 Section 147 Lawyers and Conveyancers Act 2006 (LCA). 2 Section 147, r 8.2(d) and r 10.14.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. (Rules). 3 Section 241(c) LCA. 3 Governing legislation 147 Powers of investigation … (2) For the purposes of any inquiry or investigation being conducted under this Act, a Standards Committee or an investigator...

4. LCRO 28/2021 RW v BD and Law Firm A (3 May 2022) [pdf, 330 KB]

   ...legal executive. The Standards Committee determination [23] The Standards Committee identified four issues arising from Mr RW’s complaint:9 a. Whether Mr BD and/or [Law Firm A] failed to provide in advance and in writing the necessary client care information and information on the principal aspects of client service for the work completed in relation to the purchase of the Property (r 3.4 and 3.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (...

5. LCRO 137/2018 A1 v B2 (26 November 2018) [pdf, 158 KB]

   ...concerning conduct on the part of Ms B2. Background [2] Ms A1 and Mr JB are K’s parents. They separated and both formed subsequent relationships. Although the Family Court allowed Mr JB unsupervised overnight contact, Ms A1 continued to care for K and Mr JB felt himself excluded. Mr JB challenged Ms A1 through the Family Court, seeking to extend his involvement in K’s upbringing. The Court appointed a lawyer for K. [3] Ms A1, who was represented by lawyers, latterly Ms LL...

6. FS v UR LCRO 247 / 2010 (12 October 2011) [pdf, 95 KB]

   ...Practitioner was subsequently amended to identify the complaints as involving excessive charges and the failure to provide a letter of engagement. The notification letter referred the Practitioner to Chapter 3 of the Rules of Conduct and Client Care, in particular to Rule 3.4 (which required a lawyer to provide a client with information about the client service), and Rule 3.7. which excludes the application of 3 Rule 3.4 where „….the lawyer is instructed by another lawyer...

7. Cations v The Real Estate Agents Authority (CAC 403) [2018] NZREADT 66 [pdf, 244 KB]

   ...to remove the sign, which he did on 27 December 2016. [5] The Committee found that by erecting the sale sign before the Agency Agreement came into effect, Mr Cations breached r 9.6 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), which provides that: Unless authorised by a client, through an agency agreement, a licensee must not offer or market any land or business, including by putting details on any website or by placing a sign o...

8. LCRO 68/2022 YE v AL (23 May 2023) [pdf, 200 KB]

   ...the advice provided to Mr AL when acting for him on the purchase of a property in City A, was unsatisfactory. [2] The Committee found that Mr YE had breached rr 3, 5.3, 6 and 7.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules)1 and that Mr YE had engaged in unsatisfactory conduct as defined by s 12(b) of the Lawyers and Conveyancers Act 2006 (the Act). [3] Mr AL has applied for a review of the Penalty determination issued subsequentl...

9. Complaints Assessment Committee 408 v Colin Boyer [2017] NZREADT 43 [pdf, 199 KB]

   ...were listed on a Century 21 advertisement for 10 Gwenand Place. 11 Ms Anthony also queried Mr Cloete regarding advertisements that had Mr Boyer’s details. Mr Cloete advised her that he was looking after the properties but Mr Boyer would take care of the sales. 12 Mr Cloete ran the open homes for the Gwenand Place properties. 13 Mr Cloete presented an offer for 10 Gwenand Place. 14 Mr Boyer knew that: (A) Mr Cloete had obtained the listings for Gwenand Place. (B) Mr Cloete...

10. Fourth-UPR-Recommendations_FINAL_Redacted-v2.pdf [pdf, 616 KB]

    ...Although our responses to the recommendations are not legally binding, acceptance carries a significant moral and political force. Supporting and implementing a large number of the recommendations will improve our domestic human rights protections and support our reputation as an international leader in the field of human rights. It will also demonstrate New Zealand’s support for the multilateral rules-based system and the importance of open and transparent engageme...