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1. Otago Standards Committee v Claver [2019] NZLCDT 8 [pdf, 343 KB]

   ...particular 2. (c) Acting without instructions – particular 3. (d) Failure to appear in Court – particular 4. (e) Contacting a Judge directly – particular 5. (f) Failure to act competently, in a timely manner and to take reasonable care - particular 6. (g) Misleading the Court – particular 7. (h) Failure to comply with penalty orders made by a Standards Committee – particular 8. (i) Making a false declaration to the New Zealand Law Society … - particular 9....

2. [2020] NZEmpC 227 Wills v Farmlands Co-Operative Society Ltd [pdf, 232 KB]

   ...alternative advice. [19] In Ms Sharma’s submissions she argued that, in combination, giving instructions at the January meeting, returning the acceptance page and the subsequent emails showed the test in s 115(b) was met. She emphasised the client care and service section of Pitt & Moore’s terms and conditions, where the firm agreed to protect and promote Ms Wills’ interests. Although not expressed precisely in these terms, Ms Sharma’s submissions for Ms Wills emphasis...

3. Government-Response-to-the-Report-of-the-Petition-of-Kiwilaw-Probate-and-Estates-Ltd_FINAL.pdf [pdf, 384 KB]

   ...2024-07-25 15:18:37 2 Government response to Report of the Petitions Committee on the Petition of Kiwilaw Probate and Estates Ltd: Raise the threshold for requiring probate or letters of administration Introduction 1 The Government has carefully considered the Petitions Committee’s (the Committee) report on the Petition of Kiwilaw Probate and Estates Ltd: Raise the threshold for requiring probate or letters of administration (the Report). 2 The Report was presented to th...

4. Wellington Standards Committee v Manktelow [2012] NZLCDT 30 [pdf, 92 KB]

   ...This occurred for a period of almost two years. [6] The Practitioner readily and promptly admitted all of the charges. The Trust Account [7] A solicitor’s Trust Account is an account in which clients funds are accumulated and held in trust. Careful records need to be kept showing the individual entitlements of clients to funds within the account. Subject to correct procedures being followed, a lawyer is entitled to take his or her fee remuneration or to recover disbursements...

5. Auckland Standards Committee 5 v Hong [2019] NZLCDT 28 [pdf, 132 KB]

   ...files and more widely for an assessment of how Mr Hong was administering client files. [10] Mr Strang instanced examples of the assurance information he would have expected to see having viewed a file. He would be looking to see: (a) a client care exchange; (b) a reporting statement; (c) an interaction between the firm and its client; (d) compliant invoices; (e) a trustee’s authority; and (f) proof that office expenses were being charged as disbursements. [11] He said th...

6. Taylor v Corrections [2018] NZHRRT 35 [pdf, 308 KB]

   ...registered a company or a trust and if possible to arrange for others to provide the published information instead (such as lawyers or accountants). [61.5] Protecting property ownership details. [61.6] Protecting identity documents. [61.7] Being careful about having items visible in their car that may identify them as working for Corrections. [62] Corrections also provides comprehensive guidance for staff on online safety as Facebook and other social media sites can be a significant...

7. NT v Standards Committee LCRO 131/2014 (21 November 2014) [pdf, 84 KB]

   ...Court was unnecessarily costly for them, a costs consequence following litigation is neither unusual, nor untoward. Litigation is an uncertain business. That is not to say that in appropriate circumstances consumers of legal services should not be protected by the complaints and disciplinary mechanisms provided for in the Act if the evidence supports the allegations made. [43] In addition to the concerns expressed by Judge Tuohy about the conduct of the proceeding, it appears that...

8. [2021] NZREADT 12 - Walker v The Real Estate Agents Authority & Hickson (26 March 2021) [pdf, 276 KB]

   ...himself to update practices and systems around the handling of deposit payments, to ensure that a similar situation does not re-occur, and that he had apologised to the appellants. He also submitted that a fine served the purposes of the Act of protecting the public by way of personal and general deterrence. [39] He further submitted, by reference to previous decisions of Complaints Assessment Committees, that the level of the fine was appropriate, given the Committee’s assessm...

9. UK v WM LCRO 144/2013 (2 September 2016) [pdf, 104 KB]

   ...conduct breaches rules 2, 2.8, 2.9 and 10, which are practice rules made under the Act. [52] As mentioned above, decisions about whether professional standards have been breached must be guided by the purposes of the Act which are focussed on consumer protection, public confidence and recognising the status of lawyers. Rule 2 [53] Rule 2 says: 2. A lawyer is obliged to uphold the rule of law and to facilitate the administration of justice. [54] There is no basis on which to concl...

10. Grants-Handbook-v4.88.pdf [pdf, 1.2 MB]

    ...• Criminal, including Court of Appeal and Supreme Court cases • Criminal Cases Review Commission • Family, including Court of Appeal and Supreme Court cases • ACC • Children worker’s exemption appeals • Employment • Public Protection Orders • Victims’ Orders against Violent Offenders • Civil (General), including Court of Appeal and Supreme Court cases • Auckland - Auckland Central, Manukau, North Shore, Papakura, Pukekohe, Waitakere • North...