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1. CS v HT and LM LCRO 25/2013, 50/2013 and 51/2013 (24 June 2014) [pdf, 181 KB]

   ...of investigations by the Complaints Service the Standards Committee resolved to commence an own motion investigation in that it appeared ABC firm had not provided the client information as required by Rules 3.4 and 3.5 of the Conduct and Client Care Rules12 until 2 September 2010. [26] Following receipt of the judgment Mr CS lodged his second complaint. This focused on the conduct of the hearing by Mr HT and Mrs LM and alleged:13 1. HT [sic] has been professionally negligent in th...

2. LCRO 1/2021 NB v GP (31 May 2022) [pdf, 224 KB]

   ...an examination of Mr NB’s complaint is r 3, which directs that 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. [33] In LCRO 205/2015, the Review Officer addressed the factors a Review Officer may consider, when addressing complaint that a lawyer has failed to act competently. Paragraphs [34] to [42] following, are adopted from that decision.5...

3. Sharma v Manchanda [2018] NZIACDT 2 (2 February 2018) [pdf, 196 KB]

   ...complaint was made, the Registrar required that Mr Manchanda provide a copy of his file, but he did not provide file notes that he later relied on. [3] The essential features of the grounds of complaint are, Mr Manchanda failed to take adequate care over the absent police certificate, did not give adequate advice and failed to follow up advice in writing, and he failed to provide the Registrar with a full copy of his file. [4] The essential facts are not contentious, though what w...

4. AB v DE & Ors LCRO 75/2014 (11 July 2016) [pdf, 90 KB]

   ...and Conveyancers Act 2006 (the Act), and in particular the obligation to uphold the rule of law and facilitate the administration of justice in New Zealand. (b) Relied on rule 6 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) and effectively ignored 3 other provisions in those rules and was a ruling that there was no effective restraint on the four practitioners and that they were permitted to indulge in illegal activities to prote...

5. Stewart v CAC10064 & Cooper [2013] NZREADT 58 [pdf, 58 KB]

   ...vendors. Eves admits that Coopers continued to contact the vendors directly.” [17] Finally, the CAC said: “4.17 ... and in its defence [Eves] has said that its policy was not to enforce any double commission. This is not the same as taking care to ensure that no legal obligation to pay two commissions arises, and Eves has provided no rebuttal of the allegation that they reassured the vendors that there was no risk, rather than taking steps to obtain the relevant information. It...

6. LCRO 22/2020 N&Y LK v XZ (19 May 2021) [pdf, 231 KB]

   ...caused them to incur $[XXX] in unnecessary costs. [20] The issues addressed by the Committee were:11 i. Whether Mr XZ acted in a conflict of interest situation in breach of Rule 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“RCCC”); ii. Whether Mr XZ in his affidavit misled the Court in breach of RCCC 13.1; iii. Whether Mr XZ in his affidavit failed to provide all information relevant to the Court in breach of RCCC 13.7; iv. Whether...

7. Recommendations Recap Issue 26 1 January-31 March 2021 [pdf, 984 KB]

   ...51 Rogers [2021] NZCorC 12 (25 January 2021) ........................................................................ 53 Tornmarck [2021] NZCorC 52 (30 March 2021) ..................................................................... 55 Medical Care ............................................................................................................................ 58 iii Laing [2021] NZCorC 17 (4 February 2021) .............................................................

8. Evidence Brief: Restorative Justice [pdf, 340 KB]

   ...The key questions for those seeking to expand RJ relate to the scale and pace of expansion, and the kind of market settings best suited to delivering RJ at scale while maintaining quality. • Any expansion would also need to take care to avoid pressuring victims to attend, or expanding to cover victims or offenders for whom RJ is inappropriate. EVIDENCE BRIEF SUMMARY Evidence rating: Strong Unit cost: $2,500 average per completed pre-sentence conferenc...

9. Investment brief: Restorative justice [pdf, 294 KB]

   ...The key questions for those seeking to expand RJ relate to the scale and pace of expansion, and the kind of market settings best suited to delivering RJ at scale while maintaining quality.  Any expansion would also need to take care to avoid pressuring victims to attend, or expanding to cover victims or offenders for whom RJ is inappropriate. INVESTMENT CLASS SUMMARY Evidence rating: Strong Unit cost: $2,500 average per completed pre-sentence confere...

10. DA v EB LCRO 7/2013 (3 December 2014) - Penalty and Costs [pdf, 62 KB]

    ...August 2014 in which findings of unsatisfactory conduct were made against Ms DA pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 (the Act) in respect of six breaches of the Act, the Trust Accounts Regulations, and the Conduct and Client Care Rules made under the Act. [2] Ms DA was ordered to cancel her fees to Ms EB, and refund $2,117.24, which she and Ms EB say she has done. [3] Both parties were invited to tender submissions with respect to penalty orders and costs...