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1. HIJ v RST and UVW (Publication) [2013] NZHRRT 41 [pdf, 152 KB]

   ...the Act the Tribunal prohibited publication of the names of all the parties and of any details which might identify them. That order was made on the grounds that identification of the parties could lead to the identification of the children whose care was the subject of the proceedings in the Family Court. [4] Having now heard all the evidence we are of the view that the interim order should be made final not only because the identity of the children might be revealed but also becaus...

2. Penzance v Runcorn LCRO 170 / 2009 (10 February 2010) [pdf, 69 KB]

   ...the nature of the relationship with Mr Penzance and various intimate details. [9] At the hearing Mr Penzance referred to the applicable legislation and professional rules. In particular he referred to r 8.7 of the Rules of Conduct and Client Care which prohibit the use of confidential information. The rule states: 8.7 A lawyer must not use information that is confidential to a client (including a former client) for the benefit of any other person or of the lawyer. 8.7.1 A lawyer...

3. LCRO 137/2015 RR v BN, SF, WE, IM and PL (3 August 2018) [pdf, 112 KB]

   ...observation that Ms RR misapprehends how trusts can be formed, the logic that pervades Ms RR’s complaints and her application for review can fairly be described as deeply flawed. [29] In addition to the other materials available on review, I have carefully considered Ms RR’s comments at the review hearing. I have been unable to distil any standards issue that arises from any of the concerns Ms RR raises. It is noted that most if not all of her initial concerns have been consid...

4. EBT v Mudaliar [2015] NZIACDT 92 (16 October 2015) [pdf, 200 KB]

   ...interest against Mr Mudaliar’s interests (A v Professional Conduct Committee at [82]). [25] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [26] Dishonesty points to the need to remove a practitioner from a pro...

5. LCRO 188/2019 QK v RJ (13 May 2020) [pdf, 116 KB]

   ...the Executors) refused to provide her with a copy of her mother’s will and did not answer or acknowledge Mr YG’s letters of 6 and 10 September 2019. Ms QK’s complaint concludes: I would appreciate your intervention so my position may be protected. [7] In a letter dated 14 October 2019, Ms QK asked NZLS’ Complaints Service for confirmation that her complaint had been received. She was told it had been. Ms QK was invited to provide a copy of the will, and to identify the la...

6. Auckland Standards Committee 3 v Mr G [2024] NZLCDT 16 (31 May 2024) [pdf, 164 KB]

   ...“least restrictive intervention” enunciated in the Daniels 2 case. [24] A rehabilitative approach can involve requirements for further education, mentoring and other forms of monitoring, which have a dual role of assisting the lawyer while protecting the consumer of legal services. [25] Finally, if suspension is under consideration, we carefully assess whether the lawyer is a fit and proper person to practise the law. In order to impose suspension the Tribunal members must be...

7. [2024] NZREADT 45 – Parmar v REAA, KB & LB (20 November 2024) [pdf, 121 KB]

   ...[96]. 4 (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [15] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:6 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish t...

8. OX v XX Standards Committee LCRO 180/2015 (4 October 2016) [pdf, 456 KB]

   ...to conduct that would be regarded by lawyers of good standing, in this case “criminal defence lawyers approved for legal aid”, as being unacceptable. [44] Counsel submits the standard prescribed under the Act is objective, given the consumer protection purpose of the Act. The interests being protected are described as those of the legally aided client and the Legal Services Commissioner. Counsel submits the Committee properly applied the correct standard in respect of both findi...

9. Auckland Standards Committee v Korver [2011] NZLCDT 22 [pdf, 146 KB]

   ...practise. [4] The Tribunal heard the application on 2 September 2011. After considering the grounds in support of the application, the position adopted by Mr Korver, who consented to the application, and the public interest having regard to the protective purposes of the professional disciplinary regime, the Tribunal granted leave and allowed the application. [5] As a consequence, Mr Korver faced two charges that he had been negligent or incompetent to such a degree as to reflect...

10. [2024] NZEmpC 231Aurecon New Zealand Limited v Dowlut [pdf, 251 KB]

    ...claim under the Equal Pay Act 1972, in particular on the basis that she has been unlawfully discriminated against (s161(1)(qd) of the Act). (f) Whether Aurecon retaliated or threatened to retaliate against Ms Dowlut in breach of s 21 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 because Ms Dowlut made or intended to make a protected disclosure. (g) Whether Ms Dowlut was unjustifiably dismissed from her employment with Aurecon. … [14] The Authority...