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1. [2021] NZREADT 48 - Kan (30 August 2021) [pdf, 260 KB]

   ...July 2021 (following service by email on him of the Committee’s penalty submissions): To whom it may concern Re: enclosed information I am in no financial position to appeal this matter and may be put into an undesirable outcome. I make a plea for clemency and ask for name suppression as it will only cause distress and hurt to what is left of my immediate family. I truly and unreservedly apologise for this indiscretion. It has taken an immense toll on my health and is affect...

2. J Ltd v U Ltd [2024] NZDT 170 (17 April 2024) [pdf, 220 KB]

   ...their business premises. Did Mr O assume the risk in leaving his vehicle? 22. Mr X argued that Mr O assumed the risk to his own vehicle in deciding to leave it in the shared parking lot, pointing to U Ltd’s reception sign to this effect. 23. A plea of volenti non fit injuria (no harm is done to one who consents) can succeed if the defendant can establish that the plaintiff freely and voluntarily agreed to take upon himself the risk of the harm which in fact eventuated, being fully...

3. LCRO 186/2017 and 84/2018 WE v VF (28 May 2019) [pdf, 190 KB]

   ...appeal took place in the Court of Appeal on [date], judgment was delivered on [date] 2017 and written reasons were released on [date] 2017.2 [17] The result was that Mr VF’s challenge to the private prosecution was unsuccessful. [18] Mr VF pleaded guilty to the assault charge shortly after [Date] 2017 and was remanded for sentence on [date]2017. Mr WE did not appear as prosecution counsel when Mr VF pleaded guilty as he had other commitments, and he instructed an agent to app...

4. National Standards Committee 1 v Deliu [2016] NZLCDT 26 [pdf, 408 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2016] NZLCDT 26 LCDT 008/12 BETWEEN NATIONAL STANDARDS COMMITTEE No. 1 Applicant AND FRANCISC CATALIN DELIU of Auckland, Lawyer CHAIR Ms M Scholtens QC MEMBERS OF TRIBUNAL Ms S Hughes QC Ms J Gray Mr W Smith Mr P Shaw HEARING at Auckland DATE 30 September – 9 October, 10 December 2015 (with LCDT 010/10) DATE OF DECISION 15 September 2016 APPEARANCES Mr

5. Auckland Standards Committee v Martin [2010] NZLCDT 17 [pdf, 44 KB]

   ...the offending occurred over a 16 month period and on nine separate occasions with clear premeditation. (d) We note that Her Honour was not persuaded by a late expression of remorse which she saw as self serving and we note also that the guilty pleas came very late in the piece. [37] The second matter to which we wish to draw attention is that in the course of that sentencing process Mr Martin’s counsel submitted that he was a person of good character. That led to an affidavit...

6. Otago Standards Committee v Mawhinney [2012] NZLCDT 19 [pdf, 123 KB]

   ...That sub-section provides that a lawyer is guilty of misconduct if his conduct at a time when he is providing regulated services is conduct that would reasonably be regarded by lawyers of good standing as disgraceful or dishonourable. [2] A plea of guilty was made, and the matter was set down for a penalty hearing on 5 July 2012. At the conclusion of the hearing the Tribunal reserved its decision. It did this partly because Mr Mawhinney was not present at the hearing, and as...

7. DX v WC LCRO 7 / 2011 (17 August 2011) [pdf, 83 KB]

   ...reality-based advice. He explained that his grievance concerned the approach adopted by the Practitioner which lacked, in his view, a strategic overview that one would have expected of an experienced Family Court lawyer, and that she had ignored his pleas for frugality. [18] A review hearing was held on 10 August 2011 attended by the Practitioner and also the Applicant with a support person. [19] At the hearing the Applicant expressed in greater detail the basis of his grievanc...

8. Mahoney v Trustees of the Nicholas George Te Paa Whanau Trust - Okahu 1 and other blocks [2015] Māori Appellate Court MB 417 (2015 APPEAL 417) [pdf, 198 KB]

   ...purporting to make an order it is the clear duty of the Appellate Court to annul that order. This principle is set out in Halsbury's Laws of England, 4the.d. Vol.10 at p. 325, para 717 viz “It is the duty of an Appellate Court to entertain a plea as to jurisdiction at any stage, even if the point was not raised in the Court below” - and at p. 326, para 718: “Where, by reason of any limitation imposed by Statute, charter or commission, a Court is without jurisdiction to e...

9. BC and SO v SH [2012] NZIACDT 63 (28 September 2012) [pdf, 108 KB]

   ...employment.” [20] Ms DZ assigned Ms SH to the file, and provided instructions, saying: “Mr SO will be the main applicant. His English is not very good, may need to do English course. His occupation is that of Electrical Engineering Technician. Please review qualifications – NZQA will be required to claim qualification and bonus points.” [21] Following this, Ms SH sent a letter dated 3 June 2010 to Ms BC and Mr SO. It was a lengthy letter covering a range of issues. [22]...

10. [2013] NZLCDT 28 Southland Standards Committee v W [pdf, 234 KB]

    ...submitted that W required that we take into account the context in which the conduct occurred and in particular the affect on the respondent of alleged bullying and isolation. [32] If that is a reference to the respondent’s position in making a plea in mitigation regarding culpability and sanction, arising from the respondent’s health issues, then that is a context the Tribunal does take into account, but we note that public protection and confidence in the profession are cor...