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1. CAC20004 v Li & Ors [2015] NZREADT 6 [pdf, 179 KB]

   ...behalf of Ms Wang has been dismissed. We now deal with the issue of penalty. 2 General principles on penalty [3] It is settled law that penalty decisions of disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is not their purpose: Z v CAC [2009] 1 NZLR 1; CAC v Walker [2011] NZREADT 4. [4] The Real Estate Agents Act...

2. [2014] NZEmpC 43 Booth v Big Kahuna Holdings Limited Interlocutory [pdf, 110 KB]

   ...will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that effect should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the Courts for a genuine plaintiff is not lightly to be denied. [16] Of course, the interests of defendants must also be weighed. They must...

3. Justice Matters - issue 07 - June 2017 [pdf, 3.8 MB]

   ...with multiple interactions with different government agencies. But data from IDI has specifically shown us, for example: • three out of every four young prisoners were notified to Oranga Tamariki – formerly Child Youth and Family – for a care and protection concern before they turned 15 years old • for a group of people born in New Zealand in 1978, 80% of convictions went to those who were first convicted before the age of 20. Of those people born in 1978, 1 in 4 had a...

4. Water Services Entities Bill [pdf, 187 KB]

   ...member of a water services entity if the person is subject to a property order or some personal orders under the Protection of Personal and Property Rights Act 1988 (PPPRA). Property orders under the PPPRA provide for the management of property and care of adults who do not have the mental capacity to manage their own affairs or care for themselves. 39. Section 21(h) of the Human Rights Acts prohibits discrimination on the basis of disability, including psychiatric illness and intellect...

5. NQ & SS v QG & Ors [2024] NZDT 83 (9 January 2024) [pdf, 218 KB]

   ...acknowledgement (on behalf of E Ltd), and the Tribunal’s record of their discussion, that: a. this work is covered by s28 CGA and SS and NQ are entitled to the benefits of the guarantee in s28 that these services were done with reasonable care and skill; and b. if any failure of that guarantee as to reasonable care and skill were to occur, SS and NQ are entitled to enforce remedies available to them under s32 CGA; and c. E Ltd would, if requested by SS and NQ, directly pr...

6. Auckland Standards Committee 4 of the New Zealand Law Society v Thoman [2011] NZLCDT 8 [pdf, 136 KB]

   ...instructing solicitor in evidence in relation to these seven clients, nor is there a single bill of costs. Only one client managed to retrieve his passport, others lost valuable documents such as marriage certificates which they had entrusted to her care, or as it turns out lack of care. [7] The Society submits that this behaviour to clients is totally unacceptable to the profession as a whole and seeks that their disapproval be marked by the most serious sanction, striking off t...

7. Biel v Hall - Opepe Farm Trust [2011] Māori Appellate Court MB 535 (2011 APPEAL 535) [pdf, 222 KB]

   ...Court was a summary judgment instigated by Dorchester Finance Limited. In this judgment by his Honour Associate Judge Doogue, neither appellant was found personally liable. 23 The Associate Judge found that the appellants were entitled to the protection of section 227(6) of the Act because they had 21 Supra, fn 1, at [92]. 22 Ibid, at [150]. 23 Supra, fn 16. 2011 Maori Appellate Court MB 549 dissented in writing in Aug...

8. LCRO 125/2023 TR v HJ (28 November 2023) [pdf, 265 KB]

   ...decision on 19 July 2023. It identified the issues for consideration as: (a) whether [the respondent] lodged caveats against the title to land knowing that (or failing to inquire whether) there is a caveatable interest on the part of his client to be protected (rule 2.3); (b) whether [the respondent’s] delay or refusal to remove the caveats after receiving correspondence from the registered proprietors’ lawyers requesting that the caveats be withdrawn breached professional stand...

9. LCRO 182/2014 DL v SJ, GS and PQ [pdf, 292 KB]

   ...he was bound to act in accordance with the fundamental obligations of lawyers as set out in section 4 of the Lawyers and Conveyancers Act 2006, which includes duties to be independent and to act in accordance with all fiduciary duties and duties of care owed by lawyers to their clients. (b) If Mr DL was providing legal advice, whether: i. He failed to provide adequate and competent advice in breach of rule 3.1 of the [Lawyers and Conveyancers Act: (Conduct and Client Care) Rules 2008]...

10. LCRO 210/2018 RF v TG (27 August 2020) [pdf, 231 KB]

    ...was able to charge, was determined by the strict contractual rights and obligations specified in the letter of engagement. [127] The purpose of the Act includes the maintenance of public confidence in the provision of legal services,17 and the protection of consumers of legal services.18 [128] Important to the consumer protection objectives, is the guidance the Conduct Rules provide when assessing the reasonableness of a fee charged by a practitioner. [129] Importantly, a lawyer mus...