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1. 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...

2. Government Response to Law Commision Report on New Issues in Legal Parenthood [pdf, 36 KB]

   GOVERNMENT RESPONSE TO LAW COMMISSION REPORT ON NEW ISSUES IN LEGAL PARENTHOOD Presented to the House of Representatives GOVERNMENT RESPONSE TO LAW COMMISSION REPORT ON NEW ISSUES IN LEGAL PARENTHOOD INTRODUCTION 1. The Government has carefully considered the Law Commission’s report NZLC 88 “New Issues in Legal Parenthood”. The Government responds to the report in accordance with Cabinet Office circular CO (01) 13. BACKGROUND 2. The Law Commission’s report responds to a Gove

3. 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...

4. Waikato Bay of Plenty Standards Committee v Parlane [2010] NZLCDT 8 [pdf, 184 KB]

   ...the disciplinary procedures under the Act is to ensure compliance by solicitors and barristers with appropriate and required standards of conduct; Chow v Canterbury District Law Society [2006] 2 NZAR 160 at [18]. By this means the public is protected and the standing of the profession maintained.” [6] To which end, the Tribunal reminds itself that the balance of probabilities applies but on a sliding scale. The more serious the charge and the potential outcome, the greater...

5. Affiliated Business Consultants Ltd v CAC20005/CAC304 & Ors [2015] NZREADT 76 [pdf, 107 KB]

   ...agency for a property (or business), that vendor must be warned about the possibility of double commission if that vendor enters into, or has entered into, any other agency agreement with anyone else. That is a very broad requirement and must be carefully complied with. [2015] NZREADT 76 - Affiliated Business Consultants 3 [10] There is no right of appeal from this consent decision. These proceedings are now at an end subject to enforcement of the terms of settlement....

6. [2022] NZEmpC 106 Soapi v Pick Hawke’s Bay Inc [pdf, 209 KB]

   ...in the horticulture and/or viticulture industries as participants in the Recognised Seasonal Employer (RSE) scheme. [2] The applicants lodged claims in the Employment Relations Authority alleging breaches by Pick Hawke’s Bay Inc of the Wages Protection Act 1983, Minimum Wage Act 1983, and Employment Relations Act 2000 (the Act).1 1 Wages Protection Act 1983, ss 4, 5A, 11 and 13; Minimum Wage Act 1983, ss 6, 7, 11 and 11B; Employment Relations Act 2000, s 130. Penalties are a...

7. Standards Committee 1 v Hart [2011] NZLCDT 5 [pdf, 84 KB]

   ...There is also of course an interest in the public being aware of the various charge-out rates of practitioners and the reasonableness having regard to experience and expertise. These matters are no longer cloaked in mystery or secrecy. The client care rules of the legal profession provide to the contrary. In addition the Tribunal considers that the public is aware of the presumption of innocence which includes a practitioner facing disciplinary charges and that any publicity can...

8. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [pdf, 258 KB]

   ...ensure defects did not occur during construction. In processing the building consent application, the claimants allege the Council should have been mindful of the issues that these inadequacies raised. The Council therefore breached their duty of care to the claimants in approving the building consent application. [69] In Body Corporate 188529 & Ors v North Shore City Council & Ors (No 3) [2008] 3 NZLR 479 (Sunset Terraces) Heath J Page 26 of 44 concluded it w...

9. [2016] NZSSAA 028 (20 April 2016) [pdf, 78 KB]

   ...pension insurance, health insurance and unemployment insurance.3 ...... Social insurance is complemented by family benefits and social assistance schemes, which are non-contributory and means tested. Pension Insurance Pension insurance provides protection in cases of old age, decease and invalidity. It also includes invalidity (and partially survivor’s) benefits for accidents at work and occupational diseases. ....... [21] This report outlines the provision of pension insuranc...

10. LCRO 114/2018 CL v [City] Standards Committee [X] (17 May 2019) [pdf, 160 KB]

    ...above.9 Review [23] The matters identified in the 2014 and 2017 reports by the Audit Inspectors relate to important matters to be adhered to by all law firms. The underlying philosophy of all trust account requirements is that client funds must be protected to the utmost and the firm’s records be such as to enable ready confirmation that client funds are fully accounted for. [24] Any failure to comply with Trust Account regulations is serious and treated accordingly by the Di...