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1. JG v RS LCRO 245 / 2010 (15 March 2012) [pdf, 97 KB]

   ...[9] With his report, Mr JG enclosed a memorandum of the costs outstanding. Including his costs of $2,636.88, the total amount required was $5,297.91. [10] Mr JG sought instructions again. He pointed out to Mr L what could develop and the consequential increase in costs. He also recorded the basis on which he considered Ms RS was liable for costs on a solicitor/client basis, although he recognised that ultimately it would be the Court which would make that decision. [11] Mr...

2. Lee v Whangarei District Council & Ors [2013] NZWHT Auckland 5 [pdf, 154 KB]

   ...accordance with the approved drawings. Boundary joists used untreated timber and inadequately treated timber, whereas the consented plan indicated H3.2 timber. A handrail was wrongly built. Ms Lee claimed under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993, alleging that false misrepresentations had been made. Page | 10 [27] Ms Lee sought $242,605.92 for specified damages, $113,355.58 being a refund, $75,000 for stress, $54,000 for lost income, $250,000...

3. LCRO 52/2022 AD v OC (12 July 2024) [pdf, 244 KB]

   ...“defect notice” under its Trade Waste and Wastewater Bylaw requiring the applicant to move the wastewater pipe back to its original position within 24 hours. The dispute expanded in scope from that point to encompass various additional and/or consequential issues. [13] The applicant retained the respondent to advise him regarding the matter. The respondent engaged on the applicant’s behalf with the Council through its lawyers. The applicant says that at the time he engage...

4. [2012] NZLCDT 14 Auckland Standards Committee v ABC [pdf, 181 KB]

   ...Lawyers and Conveyancers Act 2006 should also take into account the purposes of the Act as set out in s 3. Specifically, the Lawyers and Conveyancers Act is intended to maintain public confidence in the provision of legal services, to protect consumers of those services, and to recognise the status of the legal profession. [48] In S v Wellington District Law Society the Full Court reflected this when it said:8 “...whether the tribunal or Court, or on appeal this Court, sh...

5. [2021] NZIACDT 3 - DY v Parker (25 February 2021) [pdf, 219 KB]

   ...fine would be appropriate. In the circumstances, that could be towards the lower end of the possible range. One of the key objectives of upholding professional discipline has been met as Mr Parker acknowledged his central error of judgement and consequentially amended the management of his practice following receipt of the first complaint against him in 2019. [24] Mr Moses points out that while the total fees agreed were $40,000, only $10,000 was paid. The work of preparing a...

6. Robinson v CAC 20006 & Wagner [2014] NZREADT 57 [pdf, 62 KB]

   ...January 2013. As a result, further documentation was required by way of the s.85 notice. [32] In Graves v REAA [2012] NZREADT 66 we confirmed that because of the broader principles set out in the Act “to promote and protect the interests of consumers in respect of transactions that relate to real estate and promote public confidence in the performance of real estate agency work, complaint forms should not be construed too narrowly”. We continued: “[46] ... We do not regard the...

7. Hawkes Bay Standards Committee v Clarkson [2012] NZLCDT 37 [pdf, 73 KB]

   ...Clarkson’s conduct occurred at a time when the Lawyers and Conveyancers Act 2006 was in force, the proceedings were commenced and investigated under that Act, and charges were laid under that Act. The failure to perform the various requirements, and consequential breaches of orders and obligations by Ms Clarkson, has no status as an incomplete transitional matter which would require the continued application of the Law Practitioners Act 1982. [25] The proceedings against Ms...

8. [2020] NZIACDT 50 - KX v Ji (2 December 2020) [pdf, 225 KB]

   ...reasonable compensation to the complainant or other person. [32] In determining the appropriate sanction, it is relevant to note the purpose of the Act: 3 Purpose and scheme of Act The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice. [33] The focus of professional disciplinary proceed...

9. LCRO 229/2017 and 021/2018 VL v YN (8 May 2019) [pdf, 257 KB]

   ...standard established by s 12(a) of the Act. Decision [60] Although for different reasons, pursuant to s 211(1) of the Lawyers and Conveyancers Act 2006 the finding that there has been unsatisfactory conduct on the part of Ms VL is confirmed. Consequential Orders Compensation [61] The Committee ordered Ms VL to pay Mr and Mrs YN the sum of $18,337 by way of compensation. The amount of $337 is clearly identifiable as being the cost of the LIM report obtained by Mr and Mrs YN...

10. KY v DZ LCRO 174/2015 (25 October 2016) [pdf, 76 KB]

    ...with Mr KY with integrity, respect, and courtesy. [46] Those questions are considered within the framework of the Act and in light of its purposes, which include maintaining public confidence in the provision of legal services, and protecting consumers of legal services. The Act sets out the fundamental obligations of lawyers, who must, in the course of their practice, comply with the obligations set out in s 4 of the Act. Those include obligations to uphold the rule of law, faci...