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M a t u a R a u t i a Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz W A I T A N G I T R I B U N A L R E P O R T 2 0 1 2 W a i 2 3 3 6 M a t u a R a u t i a t h e R e p o r t o n t h e K ō h a n g a R e o C l a i m P r
...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]...
...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...
...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...
...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the caveats after receiving correspondence from the registered proprietors’ lawyers requesting that the caveats be withdrawn breached professional stand...
...per section 71 of the Coroners Act 2006. Similarly, the contents of summaries and recommendations may be edited to comply with any orders made under section 74 of the Act. 3 Contents Adverse Effects or Reactions to Medical/Surgical Care ............................................................................. 4 Aviation Accident ...................................................................................................................................... 4 Ch...
...of his professional offending. [30] Mr Moses correctly submitted that the Tribunal must not speculate and go beyond the evidence before it. The parties may be aware of matters they do not, and should not, disclose to the Tribunal. The Registrar protects the public interest in that regard. [31] Accordingly, the Tribunal accepts Mr Kumar’s evidence that in the circumstances in which he provided his professional services he did so with care, diligence and professionalism, except for a l...
...(ii) On 24 August 2007 the complainant entered into an agency listing agreement with the defendant to sell the property; 2 (iii) On 24 August 2007 the defendant had received interest in the property from potential purchasers Tauroa Age Care Limited (Tauroa) and York Yu; (iv) On 24 August 2007 the defendant presented the complainant with an offer from Tauroa to purchase the property for $650,000; (v) On 24 August 2007 the complainant entered into a conditional agreement wit...
...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...
...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...