Ministry of Justice

Review / Committee declined to take further action on complaints / administration of estate / requirement to produce ID / Privacy Act 1993, principle 12(4) / XG v BC LCRO 131/2011 (24 June 2013) / deduction of fees / misleading Review Officer/ role of Privacy Commissioner / HELD / Review Officer and Privacy Commissioner not misled / entitled to deduct fees / Committee’s decision confirmed / section 211(1)(a) 

Complaint / Committee found unsatisfactory conduct / respondent acted for applicant in relationship property dispute / Lawyers and Conveyancers Act 2006 section 110 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3 / rule 4.2 / rule 10.3.2 / Lawyers and Conveyancers Act (Trust Account) Regulation 2008 regulation 9 / Gilbert v Shannahan [1998] 3 NZLR 528 (CA) / fixed fee retainer / failure to seek clarifying orders / stakeholder of funds in trust account / obligation to pay money / HELD / no breach of section 110 / retainer not terminated / retainer covered clarifying orders / Committee’s decision modified / section 211(1)(a) 

Complaint / Committee found unsatisfactory conduct / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3.4 / rule 3.5 / rule 3.6 / Vallant Hooker and Partners v Proceedings Commissioner [2001] 2 NZLR 357 (HC) / Xu v Council of the Law Society [2009] NSWCA 430, (2009) 236 FLR 480 / Malik v Legal Complaints Service [2010] EWHC 981 (Admin) / Chand v Prakash [2012] NZIACDT 85 / lien over passport / HELD / passports property of government / no right to assert lien / Committee’s decision confirmed / section 211(1)(a) 

Review / Committee required production of a letter / Evidence Act 2006 section 51 / Lawyers and Conveyancers Act 2006 section 151 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 8.7 / Without Prejudice privilege / B v Auckland District Law Society [2004] 1 NZLR 326 (PC) / Complaints Assessment Committee v Medical Practioner’s Disciplinary Tribunal [2006] NZSC 48, [2006] 3 NZLR 577 / Cutts v Head [1984] Ch 290 (CA) / Unilever PLC v Proctor and Gamble Co [2000] 1 WLR 2436 (CA) / HELD / Committee can require production of “without privilege” communication / Committee’s decision confirmed / section 211(1)(a)

Complaint / Committee found unsatisfactory conduct / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 11.3 / rule 12.1 / failure to supervise / failure to inform / independent advice / HELD / no failure to supervise / advice not independent / breach rule 12.1 / Committee’s decision modified / section 211(1)(a) 

Complaint / Committee declined to take further action on complaints / complaint of unsubstantiated allegation / threat / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 2.1 / rule 12 / rule 13.8 / courtesy / attacking reputation without cause / HELD / respondent not acting for applicant / threat made for proper purpose / Committee’s decision confirmed / section 211(1)(a)

Complaint / Committee declined to take further action on complaints / applicant lacked sufficient personal connection / Lawyers and Conveyancers Act 2006 section 138(1)(e) / request recusal of LCRO / HELD / no basis for recusal / insufficient personal connection / Committee’s decision confirmed / section 211(1)(a) 

Complaint / Committee declined to take further action on complaints / respondent acted for applicant in property sale / fees complaint / complaint fees deducted from funds without authorisation / Lawyers and Conveyancers Act 2006 section 110(1)(b) / section 113(2) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 9.1 / rule 9.3 / Lawyers and Conveyancers Act (Trust Account) Regulation 2008 regulation 9 / Heslop v Cousins [2007] 3 NZLR 679 (CA) / Shand v MJ Atkinson Ltd (in liq) [1966] NZLR 551 (CA) / A v Z LCRO 40/2009 (29 May 2009) / lien over funds / authority to deduct fees / HELD / fees fair and reasonable / no authority to deduct fees / no lien over funds / funds held for particular purpose / unsatisfactory conduct / Committee’s decision modified / section 211(1)(a) 

Complaint / Committee found unsatisfactory conduct / respondent instructing solicitor in proceedings / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3.4 / rule 3.5 / rule 3.6 / provision of information / aiding breach of rules / HELD / retainer before rules in effect / Committee’s decision modified / section 211(1)(a) 

Complaint / Committee found unsatisfactory conduct / Lawyers and Conveyancers Act section 198 / KX v WA LCRO 84/2012 (30 April 2012) / jurisdiction / application out of time / 30-day time limit / HELD / Office has no jurisdiction 

Complaint / Committee declined to take further action on complaints / applicant not client of respondent / mortgagee auction / respondents comments over lease / misleading and deceptive conduct / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 11.1 / HELD / rule 11.1 directed at business aspects of practice / comments accurate reflection of position / Committee’s decision modified / section 211(1)(a)

Complaint / Committee declined to take further action on complaints / complaint about fees / complaint about representation / complaint respondent acted without practicing certificate / Lawyers and Conveyancers Act 2006 section 6 / Property (Relationships) Act 1976 section 21F/ HELD / applicant appropriately represented / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a) 

Complaint / Committee found unsatisfactory conduct / own motion investigation / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 2.10 / rule 10 / rule 11 / natural justice / predetermination / HELD / own-motion outcome predetermined / Committee’s decision reversed / section 211(1)(a)