Search Results

1. Rec-Recap-2023-Q4-FINAL.pdf [pdf, 873 KB]

   .......................................................................... 23 Mizokawa [2023] NZCorC 158 (7 December 2023) ................................................................ 24 Skellett [2023] NZCorC 166 (15 December 2023) .................................................................. 26 Medical Care ............................................................................................................................ 31 Bly [2023] NZCorC 124 (11 October 2023) .........

2. LCRO 53/2021 ST on behalf of the Executors of the Estate of KK v QM, WP, RS and DJ of ABC Law Limited (9 March 2022) [pdf, 274 KB]

   ...of $4,975.00 plus GST being charged to Mr FQ which is not consistent with an arrangement to charge no or only minimal fees during Mr FQ’s lifetime…”.10 [11] Mr ST submits that the respondents have breached the following Conduct and Client Care Rules:11 (a) Rule 3.4 – requirement to provide letter of engagement. (b) Rule 9.6 – obligation to render final accounts. (c) Rule 11.1 – lawyer must not engage in misleading or deceptive conduct. [12] “A significant proportion...

3. LCRO 207/2018 PC v FM (10 September 2019) [pdf, 499 KB]

   ...willing buyer for the business found their losses would have been far less. 24) Mr ZL’s desired outcome is that Mr FM is censured and that the Committee examine the culpability of his supervising partner. The Committee in its discretion having carefully considered the complaint, the practitioner’s response and the further detailed submissions prepared by Mr ZL on Ms PC’s behalf, concluded that any further action is unnecessary or inappropriate in the circumstances. 25) Ms PC...

4. LCRO 104/2018 CJ v MV (28 February 2020) [pdf, 189 KB]

   ...consisting of a contravention of this Act, or of any regulations or practice rules made under this Act that apply to the lawyer… [52] Mr UT says Mr MV admits a contravention of r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) which says: In providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care. [53] Mr UT s...

5. Wang v Real Estate Agents Authority (CAC 409) v Sweetingham [2017] NZREADT 29 [pdf, 274 KB]

   ...the proposed cycleway until after the complaint was made. Substantive decision [13] In making the finding of unsatisfactory conduct, the Committee found that Ms Wang breached 5.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules), which provides that “[a] licensee must exercise skill, care, competence, and diligence at all times when carrying out real estate agency work”. The Committee also found that Ms Wang breached r 6.4, which p...

6. [2021] NZREADT 55 – Lammas v Real Estate Agents Authority (6 December 2021) [pdf, 340 KB]

   ...Complaints Assessment Committee (CAC 1901) (the Committee) found Ms and Mr Freear both to have breached s 127(1) of the Real Estate Agents Act 2008 (the Act) and rr 5.1, 5.2 and 9.11 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the rules). They had failed to provide the REAA’s guide when the agency agreement was signed and had failed to provide a list of the prospective purchasers when their agency ended. This amounted to unsatisfactory conduct....

7. LCRO 122/2018 ZQ v VX (30 October 2018) [pdf, 274 KB]

   ...hearing, Mr ZQ emphasised that whilst he had a number of concerns about the representation he had received from Mr ZQ, his major concerns were that: (a) Mr VX had failed to ensure that the agreement contained adequate enforcement provisions to protect Mr ZQ in the event of default by his father. Allied to this, was concern that the agreement failed to include provision for interest to be paid on the instalment payments that were to be made to Mr ZQ over a period of years; and (b)...

8. Practice Note: Lawyer for the Child - Selection [pdf, 180 KB]

   ...Note  replaces  all  previous  Practice  Notes  pertaining  to  the  selection,  appointment and payment of lawyer for the child.     4   TERMS AND DEFINITIONS   4.1   In this Practice Note:   (a)   COCA means the Care of Children Act 2004;  (b)  CYPTFA means the Children, Young Persons and Their Families Act 1989;  (c)   FCA means the Family Courts Act 1980  (d)   The term 'child' includes child as defined...

9. LCRO 43/2016 XZ v QW [pdf, 209 KB]

   ...identified the complaints to be addressed as: (a) Did Ms QW exceed an initial fee estimate without advising Ms XZ and, if so, did she breach her professional obligations under r 9.4 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) or under any other rule or enactment? (b) Did Ms QW overcharge, that is did she charge fees which were not fair and reasonable in the circumstances and, if so, did she breach her professional obligations under r 9...

10. Adoption Action Inc v Attorney-General [2016] NZHRRT 9 [pdf, 371 KB]

    ...family law – neglected, at times underfunded, but of vital importance in the larger scheme of things. [6] Since the 2000 Law Commission report the pace of social change has only increased as reflected in, for example, the Civil Union Act 2004, the Care of Children Act 2004 6 (COCA) and the Marriage (Definition of Marriage) Amendment Act 2013 (MDMA Act). While several amendments have been made to the Adoption Act since its enactment, those changes have been piecemeal, without a...