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1. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...and Mr Deliu and his counsels will not be able to feed on such a vexatious claim. He will do so now at his own cost.” [48] Mr Hong submitted that his stated intention was to avoid costs for his former clients and to ensure their interests were protected. We consider it is still a flagrant breach of Rules 10 and 10.1. This very submission was discussed in a decision of the LCRO24 who stated: “Whilst a duty of confidence continues after a retainer has been terminated a lawyer...

2. CAC10070 v Adams [2012] NZREADT 5 [pdf, 177 KB]

   ...Act”) and also, in the alternative, with misconduct under s.73(c)(iii) of that Act “in that her conduct consists of wilful or reckless contraventions of rules 6.2, 6.4, 9.1 and 9.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009”. [2] In the course of the hearing, the defendant entered a guilty plea to the alternative charge; and Mr Stanaway offered no evidence to the first charge (referred to above) which was, therefore, dismissed by us for non-pro...

3. LCRO 103/2021 & LCRO 58/2022, LCRO 104/2021 and LCRO 105/2021 GS v ABC Ltd & HY, [Law Firm A] v ABC Ltd & HY and SW v [Area] Standards Committee [X] (24 November 2022) [pdf, 595 KB]

   ...FQ (for Ms HY) provided a reply to the lawyers’ response to Ms HY’s complaint on 14 May 2020. It was submitted for Ms HY that the lawyers had: (a) failed at every step of their engagement to fulfil the fundamental obligations and duties of care to Ms HY; and (b) provided erroneous advice in respect to the issue as to whether Ms HY could legally remove ducting from her unit, and improperly counselled Ms HY to defend the proceedings brought in the Tenancy Tribunal by the body c...

4. Youth Justice minimum dataset: data integration pilot [pdf, 269 KB]

   ...those remanded in custody during the progression of their court case, young Summary _________________________________________________ 9 people with supervision with residence orders, and children and young people placed in a residence for their care and protection. Data samples and matching results Data were requested from Police and Child, Youth and Family (using slightly different sample specifications) to allow us to identify all young people who had a police-referred Family Group Con...

5. CARROLL v Coroners Court at Auckland (2013 NZHC 906) [pdf, 304 KB]

   ...extent that the requirements of the common law are inconsistent with the provisions of the Act. They are therefore to be construed as stipulating the applicants’ minimum rights, not the full extent of them. As Joseph says: 10 Statutory protections are minima not maxima, and the courts will supplement the procedures by reference to common law standards of fairness. For supplementation, it must be shown that the statutory procedures are insufficient to do justice and that com...

6. Lawyer-for-Child-practice-note-updated-July-2024.pdf [pdf, 253 KB]

   ...child list 3 INTRODUCTION 3.1 This practice note replaces all previous practice notes pertaining to the selection, appointment and payment of lawyer for child. 4 TERMS AND DEFINITIONS 4.1 In this practice note: (a) COCA means the Care of Children Act 2004. (b) OT Act means the Oranga Tamariki Act 1989 - Children's and Young People's Well-being Act 1989. (c) FCA means the Family Courts Act 1980. 2 (d) The term 'child' includes...

7. 2020-12-07 Statement of Evidence of Richard Allibone on behalf of the ORC [pdf, 5.5 MB]

   ............................................................................................................. 28 Assessment work required to fill knowledge gaps .................................................. 30 Efficacy of Fish Screens .............................................................................................. 32 Protection of ecological values when allocating water ............................................ 35 References ..............................................

8. [2012] NZEmpC 199 Faitala & Goff v Terranova Homes & Care Ltd [pdf, 217 KB]

   VASIVASI FAITALA V TERRANOVA HOMES & CARE LIMITED NZEmpC WN [2012] NZEmpC 199 [27 November 2012] IN THE EMPLOYMENT COURT WELLINGTON [2012] NZEmpC 199 WRC 22/12 IN THE MATTER OF proceedings removed in full from the Authority BETWEEN VASIVASI FAITALA First Plaintiff AND DALRENE GOFF Second Plaintiff AND TERRANOVA HOMES & CARE LIMITED Defendant Hearing: 2 October 2012 (Heard at Wellington) Court: Chief Judge G L Colgan Judg...

9. AL v BW LCRO 268 / 2012 (24 July 2013) [pdf, 114 KB]

   ...and accordingly, the Committee decided to take no further action pursuant to s 138(2) of the Lawyers and Conveyancers Act 2006 (the Act). [7] The Committee noted that a lawyer’s duty is to his (own) client whose interests he was required to protect, and that the Practitioner did not act for the respondent. The Committee acknowledged the Applicant’s frustration, but the fact that the parties were 3 unable to reach agreement did not give rise to professional conduct...

10. LCRO 8/2014 HTO v AG [pdf, 216 KB]

    ...purpose. Background [2] HTO operated in New Zealand as an internet service provider (ISP). [3] Mr AG acted for DYRJ. DYRJ had invested around $300,000 to purchase rights to a number of [Country’s] television shows. Mr AG’s instructions were to protect DYRJ’s intellectual property rights. [4] On 25 August 2011 Mr AG sent a three-page letter to HTO. Mr AG said he acted for DYRJ, identified several TV channels over which DYRJ claimed copyright, and set out its concerns abo...