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1. Auckland Standards Committee 4 v Schlooz [2021] NZLCDT 12 ( 14 April 2021) [pdf, 400 KB]

   ...different aggravating and mitigating features mean that we cannot accept that the submission made by Mr Judd that a suspension has been reserved for cases of dishonesty or multiple professional failures in dealing with clients. [55] We have given careful analysis to the cases we have been referred to and the principles extracted and relied on by counsel. We consider we have struck the appropriate response having regard to the facts of this case and its comparison with others cited...

2. LCRO 193/2017 AA v BB and CC (29 November 2019) [pdf, 153 KB]

   ...misapprehension that he could litigate an employment dispute through the vehicle of a conduct complaint. Secondly, I was concerned that Mr AA was continuing to file extensive information. [45] In that Minute, I noted the following: [8] Having carefully considered the information filed by Mr AA, it is my view that he is labouring under the apprehension that his employment dispute can be litigated through the LCRO. [9] The submissions filed by Mr AA in support of his application are...

3. LCRO 188/2018 KB v WQ and LT (22 January 2021) [pdf, 264 KB]

   ...the Act allows a Legal Complaints Review Officer (LCRO) to conduct a review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [48] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necess...

4. [2023] NZIACDT 4 – TC v MacLeod (7 February 2023) [pdf, 210 KB]

   ...NZ declined the residence visa on 29 September 2016. It was not satisfied the business was trading profitably, or had the potential to do so by meeting the annual turnover forecasts in the BP within 12 months. An appeal to the Immigration and Protection Tribunal arguing exceptional circumstances was declined on 13 July 2017. [9] Following Immigration NZ’s decline, Mr MacLeod exchanged emails with the visa officer in an endeavour to lower the third year forecast. On 26 October 201...

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

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [26] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the 10 application for review, there are no additional issues or questions in my mind that...

6. LCRO 10/2018 DO v ABC & Body Corporate (30 August 2019) [pdf, 274 KB]

   ...Collins’ commentary on r 10.2 includes that it:15 … reflects the sanctity and protective purpose of the lawyer and client relationship. [58] If it stood alone, that proposition might well need to be tempered with the observation that client protection should not be paternalistic. However, that appears to be recognised by the rule itself, as it permits a direct communication if the third party is agreeable and their lawyer has reasonable advance notice of the intention to commu...

7. LCRO 76/2024 QM v BY (13 December 2024) [pdf, 240 KB]

   ...arising from QM’s complaint:2 (a) Rule 3: whether BY acted competently and in a timely manner consistent with the terms of his retainer with QM. (b) Rule 5.3: whether BY provided independent and objective advice to QM. (c) Rule 6: whether BY protected and promoted QM’s interests to the exclusion of the interests of others. (d) Rule 9: whether BY charged a fee that was more than fair and reasonable. [27] In dealing with those issues, the Committee held:3 (a) There was no evide...

8. Rewita - Opape 5A2B2 (2009) 111 Ōpōtiki MB 71 (111 OPO 71) [pdf, 432 KB]

   ...nature and importance of the matter. [22J In such a situation where there are clearly competing views, I should also consider the Preamble to Te Ture Whenua Maori Act 1993 and sections 2 and 17. Given those provisions it is my responsibility to protect minority interests in the land against an oppressive majority and to protect majority interests against an unreasonable minority. I must also ensure fairness in dealings with any of the owners of the land. On balance in this case, a...

9. BORA Smoke-free Environments (Controls and Enforcement) Amendment Bill [pdf, 338 KB]

   ...conduct to be regulated b) the ability of the defendant to exonerate themselves and the risk of conviction of an innocent person, and c) the penalty level. The offence relates to certain activities that require the participant to display a level of care where failure to display that care may lead to harm to the public (ie. young people taking up smoking). The objective of including strict liability offences is to increase the likelihood of successful enforcement action to promote t...

10. LCRO 164/2019 SM v NL (25 June 2020) [pdf, 150 KB]

    ...[29] The duty of loyalty requires a lawyer to act single-mindedly and disinterestedly in the interests of their clients. [30] Loyalty to clients has been described as the hallmark of the legal profession.3 The idea that a lawyer will work to protect and promote the interests of his or her client to the exclusion of all others is at the root of the lawyer-client relationship. [31] However, it is not the case that the duty of loyalty owed by a lawyer to their client continues after...