Search Results

1. VU v AP LCRO 277/2011 (5 June 2013) [pdf, 50 KB]

   ...the matter had not been looked at. His complaint was that Mr AP had acted on behalf of himself and his wife without their authority or knowledge, and there was also the concern that Mr AP had breached Rule 11.1 of the Rules of Conduct and Client Care.1 [7] Rule 11 deals with proper professional practice. Rule 11.1 states that a lawyer must not engage in conduct that is misleading or deceptive or likely to mislead or deceive anyone on any aspect of the lawyer’s practice. [8...

2. Lomu v Tangilanu [2014] NZIACDT 42 (31 March 2014) [pdf, 73 KB]

   ...immigration services. [5] The statement of complaint identifies the potential grounds for upholding the complaint, with particulars. The key elements and particulars being: [5.1] A breach of clause 1.1 of the Code of Conduct – obligations relating to care diligence and respect. The particulars are: [5.1.1] The Adviser had instructions to apply for a visa on 4 January 2011, but did not lodge the application. [5.1.2] When her licence expired on 23 September 2011, she had not lodged t...

3. 30-June-Legal-Aid-News.pdf [pdf, 596 KB]

   ...fee schedules between 21 November to 19 December 2015. New fees have been added to the Children & Young Persons fixed fee schedule to accommodate:  a new type of guardianship order (special guardianship) for children leaving state funded care  a new care and protection ground for where the child's parent has previously had a child or young person removed due to abuse or neglect (Subsequent Children)  a new ability for the Chief Executive of the Ministry of Social D...

4. Berry v Rondel LCRO 130 / 2011 (2 February 2012) [pdf, 170 KB]

   ...gave rise to a conflict of interest whereby Mr Rondel should have declined to act for Ms Berry 2) Mr Rondel did not obtain Ms Berry’s informed consent in terms of Rule 6.1.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 3) Mr Rondel did not provide Ms Berry with the information required to be provided by him pursuant to Rules 3.4 and 3.5. 4) Mr Rondel did not advise Ms Berry as to the terms of the Agreements or seek her instructions to var...

5. [2021] NZEmpC 71 Bowen v Bank of New Zealand [pdf, 241 KB]

   ...out of her employment through a purported restructuring because she had raised concerns about BNZ. She says that BNZ’s process started after she raised those concerns between March and May 2016. She says that she raised her concerns through a protected disclosure under the Protected Disclosure Act 2000. [4] Ms Bowen’s employment terminated ostensibly for redundancy in July 2018. [5] BNZ says that the redundancy process was fair and genuine and that there was no unjustifiab...

6. Proactive-release-20240715-CAB-Regulatory-Systems-Justice-Amendment-Bill_Final.pdf [pdf, 9.6 MB]

   ...for low-risk trusts. This amendment will provide relief for reporting entities and apply a more risk-based approach to customer due diligence requirements as they relate to trusts to reflect New Zealand’s unique trust environment. 5.4 Amend the Care of Children Act 2004 and the Protection of Personal and Property Rights Act 1988 to allow Family Court Associates to make orders by consent in Care of Children Act proceedings and decide uncontested applications to appoint property manager...

7. Strengthening the family justice system - Word version [docx, 1.2 MB]

   ...told us of the challenges they deal with daily. The Children’s Issues Centre at Otago University shared with us its initial findings from the major research project it is undertaking, following the 2014 reforms, on how parents make arrangements for care of children post-separation. We will be receiving a further update from them to help our final report. We are grateful for their input. We have published this paper so people can comment on the issues discussed and the changes suggested, befor...

8. Strengthening the family justice system - PDF version [pdf, 2 MB]

   ...us of the challenges they deal with daily. The Children’s Issues Centre at Otago University shared with us its initial findings from the major research project it is undertaking, following the 2014 reforms, on how parents make arrangements for care of children post-separation. We will be receiving a further update from them to help our final report. We are grateful for their input. We have published this paper so people can comment on the issues discussed and the changes suggested...

9. IO v SJ LCRO 84 / 2010 (1 February 2012) [pdf, 113 KB]

   ...funds to the Practitioner’s mismanagement of trust property. [23] There are clear rules surrounding conflict which lawyers are bound to observe in their professional practice (broadly stated in Chapter 6 of the Rules of Conduct and Client Care), and lawyers must avoid acting in situations involving a conflict of interest. A conflict may arise in a number of different situations and circumstances, including where the interests of the Practitioner may conflict with those of the cl...

10. Auckland Standards Committee 4 v O'Boyle [2021] NZLCDT 27 (29 October 2021) [pdf, 170 KB]

    ...interest (which include “protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases. Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate response. Tha...