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1. CA v XU LCRO 196 / 2010 (18 May 2011) - Publication Decision [pdf, 56 KB]

   LCRO 196/2010 CONCERNING an application for review pursuant to Section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the Waikato - Bay of Plenty Standards Committee 2 BETWEEN MS CA Applicant AND MR XU Respondent The names and identifying details of the parties in this decision have been changed. DECISION AS TO PUBLICATION [1] On 18 May 2011, I issued a decision on the substantive issues involved in thi

2. [2016] NZEmpC 76 Harlow v Western Property Management Ltd [pdf, 79 KB]

   ...liquidation) was the employer of Ms Harlow and not Mr Teague personally. [4] There is no further basis for the freezing order to continue against the first respondent, Western Property Management Ltd, now in liquidation. The liquidators will protect Ms Harlow’s position as a preferential creditor for part of her claim, and as an unsecured creditor for the balance. There is no ground for Ms Harlow to obtain any other priority over the other creditors. [5] No amended pleadin...

3. [2020] NZREADT 40 - Rozana Cachay Limited v Real Estate Agents Authority (7 September 2020) [pdf, 162 KB]

   ...Act and Regulations impose clear and significant requirements on licensees with respect to funds held in trust and the procedures to be followed for the disbursement of funds held. The Committee noted that the Act and Regulations exist for the protection of the public, and that breaches of them require penalty orders. The Committee ordered the Agency to pay a fine of $5,000. Appeal [7] Ms Jones submitted that the fine of $5,000 is excessive, in light of the historic and overal...

4. WD v NU & OT [2024] NZDT 38 (25 January 2024) [pdf, 129 KB]

   ...visit, although NU does not believe these cats damaged her sofa, and claims to have seen WD’s cat scratch it. 10. There is also the issue of mitigation of loss to be considered. NU allowed WD to have a cat in the house, but took no action to protect her furniture. NU claims she first noticed scratches in February or March 2022, and that WD used an anti scratch spray to deter the cat, however NU did not take any action herself to protect her sofa, nor did she check it again until sh...

5. SD v AE & BE LCRO 229/2013 (21 August 2014) [pdf, 67 KB]

   ...promoting of Mrs SD’s cause to engage in personal denigration or advancement of aggressive submission to the Court. (iii) Mrs SD was given frequent opportunity to discuss the settlement with him. (iv) The consequences of the settlement were carefully explained to Mrs SD. (v) The solicitor for the estate considered that Mrs SD should accept the settlement. (vi) All estate assets were taken into account when agreeing the terms for final division. (vii) Whilst Mrs SD conveyed t...

6. [2023] NZREADT 34 - IX v REAA (CAC2102) (8 December 2023) [pdf, 98 KB]

   ...12 Moseley v Real Estate Agents Authority (CAC 1907) [2021] NZREADT 19 at [59]. 13 Mr O (also known as X) v Complaints Assessment Committee 10028 [2011] NZREADT 2 at [32]–[33]. 6 dishonesty. It could not be said that the public need protecting from the licensee to the extent that her wellbeing would likely be seriously jeopardised. [24] On the basis of the new evidence, which was not presented to the Committee, we find the Committee’s order to publish its decisions sta...

7. Morpeth v Ramsey LCRO 110 / 2009 (12 November 2009) [pdf, 82 KB]

   ...Discipline). One of the purposes outlined in s 120(2)(b) is that complaints ―may be processed and resolved expeditiously…‖. The Act in s 4 also affirms the fundamental obligation of a lawyer to act in accordance with all fiduciary duties and duties of care owed to clients. It is therefore appropriate to interpret the respective provisions in a way which is consistent with the protection of consumers of legal services, and the provision of a responsive and expeditious complaints...

8. BORA Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill [pdf, 347 KB]

   ...advertising is permissible from nine and a half hours down to just two hours (new section 184C(1)). 13. Currently, Principle 4 of the Code requires liquor advertisements not to be shown between 6:00am and 8:30 pm. It also requires broadcasters to take care to avoid the impression that liquor promotion is dominating the viewing or listening period when broadcasting liquor advertisements. The associated guideline 9 states that television liquor advertising shall not exceed six minutes per...

9. Complaints Assessment Committee 412 v Grewal, Preet & Co Real Estate Limited, Voordouw and Mason [2018] NZREADT 70 [pdf, 215 KB]

   ...six weeks Ms Wallbutton took immediate action to remove the other licensee from their position, interviewed staff, and contacted her accountant, auditor, franchisor, banker, and solicitor. The Complaints Assessment Committee said that she had “carefully and tirelessly ensured that all the client funds held by her business were recouped and correct”. [42] However, Ms Wallbutton did not report the matter to the Authority. The Committee considered that it was “understandable an...

10. AB v CD LCRO 332/2013 [pdf, 264 KB]

    ...are practice rules made under the Act that apply to Mr AB. Rules [85] The following rules are particularly relevant when considering Mr AB’s conduct: 6 In acting for a client, a lawyer must, within the bounds of the law and these rules, protect and promote the interests of the client to the exclusion of the interests of third parties. 6.1 A lawyer must not act for more than 1 client on a matter in any circumstances where there is a more than negligible risk that the lawyer may...