Search Results

1. Auckland Standards Committee 3 v PL [2016] NZLCDT 12 [pdf, 59 KB]

   ...having received written submissions from counsel for both the applicant and the respondent. [2] The Tribunal found in its majority decision that the respondent had breached Rule 13.9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules) in that he failed to ensure that discovery obligations were fully complied with by his client. The Tribunal found that the respondent’s failure was of a low level. He failed to adequately instruct a member of h...

2. IAA v van Zyl [2012] NZIACDT 59 (11 September 2012) [pdf, 77 KB]

   ...clients; it was not a case of him acting in bad faith. The misrepresentation was only misleading as a matter of logic. [19] The complaint was the Authority’s, and Mr K was satisfied with the service he received. In these circumstances, consumer protection is not a real concern, and Mr K confirmed this in an affidavit presented in support of the submission. [20] Mr van Zyl produced a written statement in which he explained: [20.1] At the time, he genuinely believed he was complying...

3. [2020] NZIACDT 19 - DMX v Guich (11 May 2020) [pdf, 112 KB]

   ...complaint under the Act, and breached the Code in the following respects: (1) filing an appeal out of time as a result of calculating an incorrect timeframe of 47 days, this being negligence or alternatively, a failure to exercise diligence and due care in breach of cl 1; and (2) failing to return all documents to the complainant upon request, in breach of cl 26(f). JURISDICTION AND PROCEDURE [37] The grounds for a complaint to the Registrar made against an immigration adviser...

4. TI(G)M v Hanning [2020] NZIACDT 1 (9 January 2020) [pdf, 138 KB]

   ...employment history and employment agreement met the visa requirements before filing the application and failing to address Immigration New Zealand’s concerns in a timely manner, thereby failing to exercise diligence and to conduct herself with due care and in a timely manner, in breach of cl 1; (3) not providing the complainant with a written agreement when he decided to proceed with the South Island Contribution Work visa application, in breach of cl 18(a); and (4) alternativ...

5. LCRO 29/2019 HM v PL (22 October 2020) [pdf, 189 KB]

   ...complaints which she says were not raised in the first complaint. 3 Section 12(c) of the Act provides that a finding of unsatisfactory conduct may follow a breach of any of the Conduct and Client Care Rules. 3 New conduct issues arising out of the High Court proceedings [15] Ms PL says paragraphs [5]–[9] of the High Court judgment raises new conduct issues. She says:4 On the content of Mr HM’s correspondence alone, he has ac...

6. BI v CW LCRO 23 / 2012 (12 September 2013) [pdf, 127 KB]

   ...Standards Committee issued its determination on 3 November 2010 and found that Mr BI’s conduct in not rendering a final account for more than 21 months after his instructions had ceased, amounted to a breach of Rule 9.6 of the Conduct and Client Care Rules. 1 The Committee also found that Mr BI had not kept Ms CW informed during the course of his retainer of the level of accruing costs. [7] The Committee determined that Mr BI’s conduct constituted unsatisfactory conduct, censu...

7. Wellington Standards Committee 2 v Collins [2022] NZLCDT 22 (30 June 2022) [pdf, 170 KB]

   ...negligible risk” that Mr Collins might be unable to discharge his obligations to both? If we consider the latter occurred, at what stage did it occur? 1 Rules 3, 5, 5.1, 5.2, 5.3, 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 3 3. If a conflict arose, as above, was it properly addressed by Mr Collins? If not, at what level of liability do we assess the breach of the Rules falls? Background [6] The primary client, and pe...

8. National Standards Committee 1 v Peters [2019] NZLCDT 39 [pdf, 248 KB]

   ...this charge. Issues 1. Did Mr Peters wilfully or recklessly contravene any of the Rules,1 or provisions of the Act,2 pleaded in the charge?3 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 2 Lawyers and Conveyancers Act 2006 (Act). 3 The charge is attached as Schedule 1. 3 2. If not, was his conduct unsatisfactory as defined by s 12 of the Act? 12 Unsatisfactory conduct defined in relation to lawye...

9. Flewitt v New Zealand Law Society [2014] NZLCDT 64 [pdf, 43 KB]

   ...methamphetamine. [2] As recorded in the Tribunal’s decision of June 2010, that addiction resulted in the dishonesty offending which, in turn, brought him before the Tribunal. He was struck off. [3] By that stage, not only had he lost his career, but also his home and (temporarily) his family. [4] By the time of the strike-off hearing, Mr Flewitt had begun to turn his life around. He had been clean of drugs for over six months, had established a support network and had sough...

10. Waikato Bay of Plenty Standards Committee 1 v Dhillon [2023] NZLCDT 5 (21 March 2023) [pdf, 123 KB]

    ...with the name of the chambers of her employer and invoices were issued in the name of the employer, that would appear 1 Section 7(1)(a)(ii) of the Lawyers and Conveyancers Act 2006 (LCA), Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 2 Section 12(a), (b) and/or (c) of the LCA. 3 Of the LCA. 4 to be the extent of the chambers’ involvement in relation to Ms Dhillon’s immigration work. [12] The three complainants all approached Ms Dhi...