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1. LCRO 95/2023 JV v FA (8 October 2024) [pdf, 177 KB]

   ...positions. [15] In a notice of hearing issued on 24 February 2023, the Committee invited the parties to address the following: (a) whether Dr JV breached his obligations under r 8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) when he disclosed information to Ms HY relating to the charges against Mr FA, having regard to the following: (i) Mr FA did not expressly agree to the disclosure of information by Dr JV to Ms HY; and (ii) clause...

2. Mr-Rasheeds-Authorities.pdf [pdf, 7.1 MB]

   ...the last-mentioned date: PROCEDURE 1. The case originated in an application (no. 24746/94) against the United Kingdom lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Irish and British national, Mr Hugh Jordan (“the applicant”), on 13 May 1994. 2. The applicant, who had been granted legal aid, was represented by Mr K. Winte...

3. Mansfield v Southwell LCRO 199 / 2010 (8 September 2010) [pdf, 133 KB]

   ...conflicted. The rule governing a lawyer‟s responsibilities in such circumstances was set out in Rule 1.07 of the former Rules of Professional Conduct for Barristers and Solicitors (now replaced by Chapter 5 of the Lawyers: Rules of Conduct and Client Care 2008). The rules clearly sets out the actions that a lawyer is required to take, which involves informing the clients of the conflict, recommending that they seek independent legal advice and declining to act if in doing so one p...

4. Suresh v Elizabeth [2019] NZIACDT 30 (10 May 2019) [pdf, 197 KB]

   ...April 2016 and by Ms Elizabeth on behalf of FBP on 18 April 2016. 3 [7] The agreement stated that FBP or an associate office would assist with the presentation of a visa application to Australia’s Department of Immigration and Border Protection and/or Immigration New Zealand in accordance with Australian or New Zealand immigration laws and policies. A schedule of fees was attached to the agreement showing that the complainant would pay US$3,330. [8] The complainant pai...

5. LCRO 38/2019 & 151/2019 Yuri Lukas v ZE (30 January 2020) [pdf, 167 KB]

   ...were not reasonable. The Standards Committee determinations [19] The Standards Committee addressed the following issues:5 a. whether Mr Lukas breached his obligation under rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) to act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care; b. whether Mr Lukas breached his obligation under rule 9 of the Rules not to charge a fee th...

6. Adams v Aucamp [2016] NZIACDT 53 (14 September 2016) [pdf, 210 KB]

   ...telephone. [1.1.5] Mr Aucamp overcharged the complainant’s parents, and failed to refund the over-payment. [1.1.6] He did not have a written agreement for work he performed for the complainant’s parents. [2] The Tribunal found Mr Aucamp was careless in relation to the IELTS score, he failed to report on filing the expression of interest, he did not have a written agreement and presented a backdated agreement, he threatened to make a malicious and unfounded complaint to Immigrati...

7. LCRO 57/2017 SD v WP [pdf, 182 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [26] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that nece...

8. [2021] NZREADT 43 - Complaints Assessment Committee v Lowndes (10 August 2021) [pdf, 302 KB]

   ...2015, the transaction for the Property settled. 11 [Ms Lowndes] received a finder’s fee of $1,243,617.50 in relation to the sale of the Property. 12 [Ms Lowndes] breached Rule 9.6 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules) as she offered Mr Yang the Property without the appropriate authorisation through an agency agreement. 13 [Ms Lowndes] by failing to obtain consent from Mr Drinnan to her obtaining a 10 percent interest in...

9. BORA Court Matters Bill [pdf, 194 KB]

   ...hours or any lesser period considered by the CSO to be reasonable in the circumstances. This achieves consistency with the other detention powers. 12 An independent inquiry circa 1999 concluded that court security staff needed statutory powers to protect the safety and security of court users. We understand that the only Police officers routinely present at courts now are the prosecutors who are working in the court rooms rather than screening people on entry and maintaining order in th...

10. Auckland Standards Committee v Korver [2011] NZLCDT 22 [pdf, 146 KB]

    ...practise. [4] The Tribunal heard the application on 2 September 2011. After considering the grounds in support of the application, the position adopted by Mr Korver, who consented to the application, and the public interest having regard to the protective purposes of the professional disciplinary regime, the Tribunal granted leave and allowed the application. [5] As a consequence, Mr Korver faced two charges that he had been negligent or incompetent to such a degree as to reflect...