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1. E83 Marian Smith and Josephine Peita - EIC - Ngaati Te Ata [pdf, 1.1 MB]

   ...2484 TU-447097-3-1284-V9:TU 5 influence through the generations the greater the mana. Maintaining clean waterways is a simple but essential exercise to enhance mana as it impacts on the wellbeing of the people. Our kaitiaki therefore are very careful and conscientious of how we conduct ourselves when caring for waahi tapu, taonga, sources of food and water. Our actions today have consequences on the issue of tomorrow – ngaa uri whakatupuranga. 23. Tapu is contained in its...

2. [2020] NZREADT 02 - Clough v CAC 520, Bunn & Christiansen - Penalty (5 February 2020) [pdf, 157 KB]

   ...In the circumstances described above, it was reasonable for Ms Linley to seek advice from her manager, Ms Bunn, and that Ms Bunn in turn sought advice from Mr Christiansen. A reasonably competent manager advising Ms Linley would have known that care had to be taken before the requested letter was provided. On being asked for advice, Ms Bunn should have asked why the letter was required, and who its intended recipient(s) was, or were. Without such key information, Ms Bunn would...

3. Canterbury Westland Standards Committee 1 v Whitcombe [2019] NZLCDT 37 [pdf, 152 KB]

   ...Tribunal was invited to consider penalty at the same time. Issues [6] The issues to be determined were: Charge 1 1. Were the practitioner’s breaches of r 3, 3.2, 5.1, 6 and 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules), wilful or reckless such as to constitute misconduct? 2. If not, was Mr Whitcombe’s negligence or incompetence to such a degree as to bring the profession into disrepute?1

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

   ...YG to open communications directly with the executors. Mr YG wrote directly to [M] and “the other executors” on 6 September 2019, notifying them that Ms QK intended to make a claim for an increased share of estate property under the Family Protection Act 1955 (the claim). [5] Mr YG followed up with a letter to the firm on 10 September 2019, a copy of which he sent to [M], [Z] and Ms QK. The firm replied to Mr YG’s letter on or about 27 September 2019. That letter crossed wi...

5. LCRO 197/2016 BC v RN (23 May 2017) [pdf, 99 KB]

   ...time and labour expended, the importance of the matter to the client and the results achieved, and the value of the transaction. Mr RN 4 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 8 did not add a premium to reflect the complexity of the matter, but, given the late disclosure of the contracting out agreement, in my view, he could have done so. [42] There is no reason to take any further action in re...

6. Kim v Kim [2016] NZIACDT 56 (20 September 2016) [pdf, 211 KB]

   ...section 44(2)(d) of the Immigration Advisers Licensing Act 2007 (the Act). [1.6] Ms Kim breached clause 1.1(a) of the 2010 Code, as she failed to provide her client with adequate advice, and accordingly, failed to provide her services with due care, diligence and professionalism. The Parties’ Positions on Sanctions The Registrar’s position [2] The Registrar took the view that a restorative approach was open in this case; if Ms Kim acknowledged her errors. [3] The Regi...

7. UJ v OO LCRO 143 / 2012 (9 April 2013) [pdf, 107 KB]

   ...of that appeal, the sum of $36,250 and interest was to be paid to Ms UK, unless the outcome was that a lesser amount should be paid; c. Mr UJ was to execute an agreement to mortgage the property to Law Firm A, and a caveat was to be lodged to protect the agreement to mortgage. The purpose of this was to enable Law Firm A to use the undrawn portion of the Bank B loan to enable $9000 costs and any further costs to be paid to Ms UK at the conclusion of the High court appeal; d....

8. BORA Waste Minimisation (Solids) Bill [pdf, 410 KB]

   ...information about products to the public and prescribes the manner in which this should be done. We consider that the information that must be provided to the public does not appear to be sufficiently "expressive" in content to attract the protection of section 14 of the Bill of Rights Act (freedom of expression). 4. Clause 35 of the Bill empowers Waste Control Authorities to make announced and unannounced inspections of waste transported to, or inspected by, the operators of a...

9. CAC 409 v Brady [2019] NZREADT 21 (23 May 2019) [pdf, 219 KB]

   ...The charge [6] The Committee alleged that Mr Brady’s conduct constituted seriously incompetent or seriously negligent real estate agency work, in that he breached rr 5.1 and 9.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012, by advising Mr Derrick to delete clause 20, without verifying any of the information given to him by Mr Derrick, as to the year the building work was done, or discussing the matter with Mr Derrick’s solicitor. [7] The Com...

10. LCRO 20/2017 AP v RE (20 December 2018) [pdf, 243 KB]

    ...other issues arise indirectly, for example, with regard to the scope and terms of a contract of retainer. This possibility was contemplated by the Court of Appeal in Erwood at [45]. Therefore, where such an issue could arise, a court should be careful to ensure that nothing it did in the course of a judicial proceeding should cut across the jurisdiction and powers of the Standards Committee. [72] Bell AJ said: [36] … The policy that the courts should not allow their proceedings to...