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1. LCRO 171/2023 PF v DS (1 February 2024) [pdf, 188 KB]

   ...available if the LCRO considers that the review can be adequately determined in the absence of the parties. The parties were invited to comment on this proposed course of action and neither of them objected to it. 7 [32] 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 necessit...

2. Auckland Standards Committee 5 v Hong [2019] NZLCDT 28 [pdf, 132 KB]

   ...and (d) the obligation on all lawyers operating a trust account to provide reasonable access to an inspector, for the purpose of a trust account review, to ensure the maintenance of public confidence in the provision of legal services and to protect the consumers of legal services, under s 3(1)(a) and (b) of the Act. [5] Mr Hong denied the charge and all particulars. He did not personally file an affidavit in support of his denial of the charge. Karen Chan, his legal executive a...

3. LCRO 319/2013 RA v ZA (27 June 2017) [pdf, 101 KB]

   ...engagement with him, and leisurely approach to compliance with Court timetabling, are cumulative evidence of her disrespect and discourtesy towards him in contravention of rule 12 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. [6] Mr RA believes Ms ZA disregarded the “legislation that governs her practice”. He contends that the way she conducted the proceeding on her client’s behalf, by delaying and refusing to communicate with him, unfairl...

4. LCRO 47/2014 HJ v GK [pdf, 93 KB]

   ...action will be taken through the relevant authorities without further notice to you”. Mr HJ says the latter is a threat to refer the matter to the police made in breach of r 2.7 of 4 the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). [16] Mr HJ says he explained that the only property he had removed was his own, but Mr FL apparently did not accept that. Mr HJ says that Mr GK threatened him again in connection with any interference wit...

5. [2022] NZEnvC 093 Waimea Plains Landscape Preservation Society Inc v Gore District Council [pdf, 249 KB]

   ...filed its response to the Society’s application on 19 April 2022, submitting that costs should lie where they fall. They submit the following in response:4 (a) the Council met all procedural directions and requirements for this matter. It was careful to conduct its case in a way that would not unnecessarily lengthen the hearing; (b) all aspects of the Council’s case were relevant to the matters to be determined by the Court. The case advanced by the Council was consistent...

6. [2022] NZEnvC 092 Port of Tauranga Limited [pdf, 302 KB]

   ...are set out in the LCA but misconduct is defined to include “conduct that would reasonably be regarded by lawyers of good standing as disgraceful or dishonourable.”6 The purpose of the legislative framework was stated by the Tribunal to be protective rather than punitive, 5 Lawyers and Conveyancers Act 2006, s 6 “practitioner”. 6 Lawyers and Conveyancers Act 2006, s 7(1)(a)(i). [15] [16] [17] 7 such protection being in relation to both the public and the reputat...

7. Wellington Standards Committee v Manktelow [2012] NZLCDT 30 [pdf, 92 KB]

   ...This occurred for a period of almost two years. [6] The Practitioner readily and promptly admitted all of the charges. The Trust Account [7] A solicitor’s Trust Account is an account in which clients funds are accumulated and held in trust. Careful records need to be kept showing the individual entitlements of clients to funds within the account. Subject to correct procedures being followed, a lawyer is entitled to take his or her fee remuneration or to recover disbursements...

8. DN v EO LCRO 263/2013 (31 August 2015) [pdf, 44 KB]

   ...amounts to misconduct under section 7); [24] I have therefore considered the Act, regulations and practice rules made under it to ascertain whether Mr EO’s conduct may have contravened any of those professional standards. Conduct and Client Care Rules Rule 2.3 [25] As the objection process is a legal process under the REAA, I have considered rule 2.3 and whether Mr EO may have been using the objection process for an improper purpose. Rule 2.3 says:4 A lawyer must use leg...

9. UI v OQ LCRO 225/2011 (8 March 2013) [pdf, 78 KB]

   ...the Practitioner had misrepresented the contents of the RM Consultant’s Report, had failed to recognise that the District Council was in breach of the Local Government Act 2002, and that it was overall alleged that the Practitioner had failed to protect the Applicant’s interests, and had been negligent in advice that was given to him. The Committee noted that the narrative supplied by the Applicant was “littered with allegations of corruption, file doctoring, negligence, an ine...

10. BORA Border Security Bill [pdf, 72 KB]

    ...BORA Issues - Amendments to the 1996 Act 6. In this section, I will address: 6.1 Provisions in the new Part 3A dealing with Customs access to, and use of, information about border-crossing goods, persons and craft. 6.2 The protection from liability conferred by the new s 38O. 6.3 Provisions conferring on Customs an enhanced power to question and detain. I deal with each in turn. Part 3A - access to information about border-crossing goods, persons and craft...