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1. 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...

2. [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...

3. 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...

4. IWCNZ-Submissions-on-Scope.pdf [pdf, 366 KB]

   ...131. 10 At [118]. 11 Ibid at [48]. 6 16 The minute on the scope of the inquiry issued by Judge Marshall has already noted, recounting the recent decision in Wallace v Attorney-General,12 that s 8 refers not only to the need for the state to protect the right to life, but (as part of that right) the need for the state to investigate certain deaths. Section 8 “not only permits, but in fact requires, the inclusion of an obligation to investigate a death that has occured at the h...

5. [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...

6. 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...

7. 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...

8. 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...

9. Tuumotooa v Tangilanu [2014] NZIACDT 57 (29 April 2014) [pdf, 125 KB]

   ...grounds of complaint and so has advanced the complaint on the following basis: [4.1] The adviser failed to meet her professional obligations, in that: [4.1.1] She was negligent (section 44(2)(a) of the Act); [4.1.2] She breached her duties of care, diligence, respect and professionalism under the Code of Conduct by failing to take reasonable steps to ensure her clients’ interests were represented when she was no longer able to continue as representative(clause 1.1(c)); and [4.1.3]...

10. XX v TD [2024] NZDT 235 (7 February 2024) [pdf, 182 KB]

    ...periodontist to heal gums and teeth that she claims TD damaged (approximately $1500.00), and half of the amount of her orthodontic treatment going forward in the amount of $4,987.50. 4. The Consumer Guarantees Act 1993 (CGA) provides guarantees to protect consumers in relation to the provision of services. Section 28 provides a guarantee that the service will be carried out with reasonable care and skill. Section 29 states that where services are supplied to a consumer there is a gua...