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1. Auckland Standards Committee 2 v Burcher [2019] NZLCDT 12 [pdf, 307 KB]

   ...months. [2] Mr Burcher denies that he was providing regulated services and says that, in most instances, he was acting as a trustee and therefore a client, not a lawyer. Issues [3] The issues to be determined are: 1. Did any of the instances pleaded fall within the definition of the provision of legal services? (a) In each instance, was the nature of the work or activity “legal work” or “conveyancing” as defined? And (b) In each instance, was the work carried out “f...

2. Environment Court annual review 2015 [pdf, 2.4 MB]

   ...former Planning Tribunal established under previous Acts. As a specialist Court of Record, it has a particular place in New Zealand’s Court system, and in the resource management system. The Court’s place in the New Zealand Court system Please refer to Appendix 1 to this Review for information about the place of the Environment Court in the New Zealand Court system, as background and context for many of the issues discussed in this document. The Court’s place in the reso...

3. Auckland Standards Committee 3 v Anderson [2022] NZLCDT 25 (22 July 2022) [pdf, 238 KB]

   ...before signing the document. The document was witnessed by a legal executive in the employ of Ms Anderson. Ms V did not give evidence whether she did in fact take independent advice at any time. Indeed, she was not called to support the charge as pleaded, despite the allegation that she had been professionally failed by Ms Anderson. [34] It was a further two and a half years before Ms Anderson was able to sell the property because it took that long for Ms V to deal with other asse...

4. Reoffending analysis for restorative justice cases 2008 to 2011 [pdf, 651 KB]

   ...study compared 2,323 conferenced offenders with 6,718 matched offenders. 3 Offenders in the study included those who:  had been charged with an imprisonable offence involving a victim  were aged 17 or over  entered a guilty plea  did not receive a custodial sentence,1 and  were charged in a district court from which referrals were received by restorative justice providers included in the study. The measures of reoffending used in this study were frequ...

5. [2022] NZACC 20 - Harris v ACC (21 February 2022) [pdf, 177 KB]

   ...a loss of 10s of thousands of penalty interest with the travel. They say you don’t get penalty interest and my lawyer stated that I should have been entitled to from 1983 – 1992 because of the abovementioned judgments. I request you to please look into the matter of fraud with the Serious Fraud Office because this is a criminal act which has occurred with false documentation. The staff involved with … ACC actions should also be investigated. I incurred $3,350 legal f...

6. [2021] NZREADT 46 - Tapu (23 August 2021) [pdf, 270 KB]

   ...Prasad v Real Estate Agents Authority (CAC 416) [2020] NZHC 335. 17 Real Estate Agents Authority (CAC 20005) v Cui [2015] NZREADT 23. 18 Complaint No CO6032 re Robson “Decision on Orders”, 14 May 2015. [28] In Cartwright, the licensee pleaded guilty to one charge of misconduct under s 73(b) of the Act. He marketed a property for sale by tender, and did not disclose to the successful tenderer that a prior tender (which had been accepted by the vendor) had not proceeded beca...

7. LCRO 195/2018 KW v LQ (26 June 2020) [pdf, 182 KB]

   ...their objective is to represent a client due to statutory requirements but not to defend him/her. As a rule, they [advocates] tend to agree with the prosecution’s position and fulfil a formal function of the defence. If you are happy with this, please email me and I will take this case if time still permits. [7] In the meantime, a Legal Aid provider (KI) had been appointed to act for KW and had already applied for bail for her. [8] On 25 September LQ sent his terms of engagement...

8. LCRO 19/2017 VY v WR [pdf, 191 KB]

   ...degree of caution made the following observation:9 the law is tolerably clear. It is the duty of counsel not to allege fraud, or dishonesty, unless he or she has clear and sufficient evidence to support that allegation. The decision to advance a plea of fraud imposes on counsel a heavy ethical responsibility. Counsel must have before him or her material which establishes a prima facie case. [69] These observations are made of course in the context of a consideration of a lawyers...

9. INZ (Greathead) v Ortiz [2019] NZIACDT 59 (29 August 2019) [pdf, 154 KB]

   ...reparation of $8,845 (half of $15 per hour x 1,324 hours worked less payments to the client). He was discharged on four other charges.1 [30] The District Court’s sentencing notes concerning Ms Ortiz are dated 17 May 2019.2 They record that Ms Ortiz pleaded guilty to three charges of exploitation under the Immigration Act 2009. The charges related to failing to pay entitlements under the Holidays Act 2003, failing to meet the employer’s obligations under the Minimum Wage Act...

10. [2024] NZREADT 12 – CAC 2106 v City Realty (24 April 2024) [pdf, 125 KB]

    ...real estate agency work. 4 [11] City Realty breached s 122 of the Act and regulations 7, 14, 15, 16 and 17 of the Audit Regulations over three financial years, ending 31 March 2020, 31 March 2021 and 31 March 2022. [12] City Realty have pleaded guilty Charge 2 and it has admitted that its conduct that is the subject of the charge constitutes seriously negligent or seriously incompetent real estate agency work. [13] Complaints Assessment Committee 20003 v Jhagroo remains the...