Search Results

1. 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...

2. 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...

3. BORA Health (Protection) Amendment Bill [pdf, 304 KB]

   Health (Protection) Amendment Bill 25 July 2014 Hon Christopher Finlayson QC, Attorney-General Legal Advice Consistency with the New Zealand Bill of Rights Act 1990: Health (Protection) Amendment Bill Purpose 1. We have considered whether the Health (Protection) Amendment Bill (PCO 17831/3.0) (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). 2. We have concluded that the Bill appears...

4. 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...

5. 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...

6. LCRO 180/2022 HB v UC and JW (26 November 2024) [pdf, 216 KB]

   ...Build Guarantee …”.10 [19] [Law Firm A] conclude their response in the following manner:- “31. There was a limited retainer in place between Mr HB and [Law Firm A]and [Law Firm A] carried out the work required of it with appropriate skill, care and diligence. In the circumstances, any failure to make enquiries about the Warranty does not amount to unsatisfactory conduct and Mr HB has not shown that he has suffered any loss.” Mr HB’s comments in reply11 [20] Mr MG responde...

7. Attorney-General Submissions - 4 December 2017 [pdf, 383 KB]

   ...expansive as "aquatic life" includes any species of plant or animal life that must inhabit water whether living or dead and includes seabirds. 8 Attomry-Ge11eraf v T mstees of the Motiti Rohe Moa11a Tmst [2017] NZHC 1429 at 4390891_3 5 protection for its own sake, such as intrinsic values of the environment)). 9 12.5 Fifth, and as a consequence of the above, the effects or externalities of fishing on the environment that are not subject to Fisheries Act control can...

8. Suresh v Elizabeth [2019] NZIACDT 45 - Sanctions (3 July 2019) [pdf, 196 KB]

   ...visa. It was signed by Ms Elizabeth on behalf of FBP on 18 April 2016. [7] The agreement stated that FBP or an associate office would assist with the presentation of a visa application to Australia’s Department of Immigration and Border Protection and/or Immigration New Zealand in accordance with Australian or New Zealand immigration laws and policies. [8] An initial assessment of the complainant’s eligibility for Immigration New Zealand’s skilled migrant category was m...

9. National Standards Committee v Shi [2018] NZLCDT 18 [pdf, 271 KB]

   ...Standards Committee submissions on the principles of penalty and disciplinary proceedings. Mr Sorrell’s submissions were directed to the balancing exercise to be carried out by the Tribunal to impose the least restrictive outcome whilst ensuring protection of the public. In that regard Mr Sorrell submitted that context and the work environment in which this young woman had fallen into error were important. [28] [redacted]. [29] In terms of mitigation Mr Sorrell pointed out tha...

10. Shankar v Ahuja [2015] NZIACDT 106 (21 December 2015) [pdf, 196 KB]

    ...ensure that appropriate standards of conduct are maintained in the occupation concerned. [23] The statutory purpose is achieved by considering at least four factors which materially bear upon maintaining appropriate standards of conduct: [23.1] Protecting the public: section 3 of the Act states “[t]he purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [23.2] Demanding minimum standards of conduct: Dentice v Valuers Registratio...