Search Results

1. LCRO 183/2021 WB v XD (22 July 2022) [pdf, 202 KB]

   ...Standards Committee identified the focus of its investigation as being an inquiry as to whether, in acting for Mr WB, Mr XD had failed to act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care, in accordance with rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). [19] The Standards Committee delivered its decision on 4 November 2021. [20] The Committee determined, pursua...

2. McKinney v Cassidy [pdf, 259 KB]

   ...upset and loss of enjoyment as a result of the above defects, in the amount of $20,000.00. 4.8 The claims against Mr Cassidy are in tort and based on allegations of negligence. The Owners say that Mr Cassidy owed them a non-delegable duty of care to ensure that all building work was carried out in compliance with the building regulations. They claim that he breached that duty by failing to carry out, or have carried out, the building work in a compliant manner. 4.9 The cla...

3. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

   ...Friday, 12 April 2019 email, and her telephone message that day, BN had not contravened his duty to act in a timely manner.4 3 Rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) states “In providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care”. 4 Rule 3. 5...

4. [2023] NZREADT 20 - CAC 2107 v Sheldon (Penalty) (14 August 2023) [pdf, 226 KB]

   ...may be made on and subject to any terms and conditions that the Committee thinks fit. [10] In determining the appropriate penalty, it is relevant to note the purpose of the Act: 3 Purpose of Act (1) The purpose of this Act is to promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work. (2) The Act achieves its purpose by— (a) regulating agents, branch manag...

5. Canterbury Standards Committee v X [2011] NZLCDT 19 [pdf, 125 KB]

   ...not a fit and proper person to be a legal practitioner. The respondent’s position [8] For the respondent, it was submitted by his counsel that striking off would not be an appropriate response, as it was not necessary to do that to protect the public. This matter was said to be one episode in a largely unblemished career, 4 arising from a serious error of judgment at a time when the respondent was said to be adversely affected by mental health issues. Accordingly, it w...

6. BORA Freedom Camping Bill [pdf, 321 KB]

   ...residents and costs for local authorities and the Department of Conservation. 4. The Bill achieves its purpose by creating an infringement regime in relation to freedom camping on local authority controlled and public conservation land, in order to protect the environment, health and safety and access to public places and sites of significance for public enjoyment. It allows for camping to generally be permitted unless restricted or prohibited either through local government bylaws or th...

7. INZ (Gilray) v Croxson [2019] NZIACDT 79 (9 December 2019) Sanctions [pdf, 117 KB]

   ...there was no lack of probity on his part 2 Immigration Advisers Licensing Act 2007, s 7(1). 4 nor was the quality of his own work (finalising and filing the applications) substandard or lacking in care. [16] Mr Croxson was also found to have failed to enter into written service agreements with the two clients and to have failed to personally provide and explain to them a summary of his responsibilities, the Code, his complaints proce...

8. BORA Anti-Money Laundering and Countering Financing of Terrorism Bill [pdf, 313 KB]

   ...21. 3.2 The Bill provides for a number of offences for failure to comply with various obligations without reasonable excuse (clauses 104, 105, 108 and 109), thereby placing an evidential onus on the accused, contrary to the presumption of innocence protected by s 25(c). 3.3 The Bill provides for a civil pecuniary penalty in respect of civil liability acts (clause 88). As this penalty is similar to other penalties in the Bill that are expressed as criminal, it raises the issue as to whet...

9. INZ (Calder) v Ji [2019] NZIACDT 68 (1 October 2019) Sanctions [pdf, 119 KB]

   ...communicating with the client through multiple entities, including a company in another country which was not part of Mr Ji’s employer. Such a business structure meant that he had been neither professional nor diligent, had he conducted himself with due care. In respect of the provision of false documentation to Immigration New Zealand, while he did not know the documents were false, he had been negligent in the way the documents had been obtained and provided to the agency. His...

10. [2020] NZIACDT 33 - RV v Aiolupotea (27 July 2020) [pdf, 208 KB]

    ...material discussions, in breach of cl 26(c); and (3) failed to provide the full client file to the Authority, in breach of cl 26(e). (4) failed to respond to the letter of 8 March 2018, thereby being unprofessional and lacking diligence and due care, in breach of cl 1; and (5) failed to inform the complainant of the decline of his visa application or provide advice regarding his unlawful status, thereby being unprofessional, in breach of cl 1. 4 [15] Furthermore, Mr Aiolupote...