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1. LCRO 19/2017 VY v WR [pdf, 191 KB]

   ...Act 2006 (the Act) that no further action on the complaint was necessary or appropriate. [27] In reaching that decision the Committee: 5 (a) noted the general principle that a lawyer’s duty is owed to their client so Mr WR had no duty to protect and promote the interests of Mr VY;1 (b) Mr WR, on his client’s behalf, was entitled to take a position that did not accord with that of Mr VY;2 (c) the allegation of fraudulent activity could not be sustained because neither Mr...

2. LCRO 189/2021 KP v MM (10 February 2022) [pdf, 175 KB]

   ...make it necessary for this matter to be dealt with at a hearing in person. [48] The issue to be considered is narrow, and both parties have staked out their positions very clearly. [49] On the basis of the information available, which I have carefully considered, I have concluded that the review may be adequately determined on the papers and in the absence of the parties. [50] I record that I have carefully read the complaint, the Committee’s decision and the submissions filed...

3. ND Ltd v BX & TX [2020] NZDT 1561 (15 July 2020) [pdf, 201 KB]

   ...months and 25 days is $2690.86. In total the amount I find that is reasonable is $12416.98. Was the painting work completed with reasonable skill and care? 11. The relevant law is the Consumer Guarantees Act 1993. The Act provides a number of protections for consumers. Section 28 of the Act requires that where services are supplied the service will be carried out with reasonable care and skill. 12. BX & TX state the work was not supervised as promised, the work was appallin...

4. ES v I Ltd & BI [2024] NZDT 143 (18 April 2024) [pdf, 145 KB]

   ...incurred as a result that she is entitled to be compensated for? (b) Did I Ltd enter into misleading and deceptive conduct when it issued a warrant for the [van] on 11 November 2021? (c) Did I Ltd breach its statutory guarantee to use reasonable care and skill when it issued the warrant? (d) If so, what loss can ES show she has incurred that she is entitled to be compensated for? Did BI misrepresent the [van]when he sold it to ES? If so, what loss can ES show she incurred...

5. LCRO 109/2024 BD and GD v RJ (19 September 2025) [pdf, 293 KB]

   ...or risk/benefit decision. [88] In either case, the commercially and professionally sanguine approach in day- to-day legal practice is frequently to “manage the conflict”, not to avoid it altogether. The lawyer focuses on achieving adequate protection from only legal liability risk. I agree with counsel’s comment that this is not uncommon. [89] In both cases, however, the lawyer takes the commercial and regulatory risk that things will not go wrong. If things do go wrong, norma...

6. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...Page 18 [111] Moisture ingress has occurred and is continuing to occur at roof level during extreme weather conditions. [112] The roof cladding on the east side of the garage does not extend fully over the framing so that there is only protection from the apron flashing. Water ingress is occurring through a hole in the flashing. [113] The assessor says that the roof cladding has been installed without the ends of the trough being crimped or capped. In extreme wind conditi...

7. WB v Stevenson LCRO 301/2013 (11 December 2014) [pdf, 112 KB]

   ...Often the answer to that question will be to consider whether the interests of the public, including the profession, will be adequately protected if a suppression order is made. In many cases the issue is whether or not the balance is in favour of protecting the public by means of publication, or 1 Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008. 2 Regulation 30(1) provides that publicat...

8. Green v De'Ath [2018] NZIACDT 50 (13 December 2018) [pdf, 214 KB]

   ...and the Code of Conduct 2014 (the Code). [4] This misunderstanding occurred because of the tripartite nature of Mr De’Ath’s contractual relationships. Mr De’Ath had contractual relationships with both Mr S (as to immigration and pastoral care matters) and with the Greens (as to recruitment and financial matters). The Tribunal noted at [47] of the decision that Mr S had not signed the “Candidate Terms of Business”, so whether there was in fact any binding written agreem...

9. KIT v Zhu [2019] NZIACDT 46 sanctions (8 July 2019) [pdf, 126 KB]

   ...the student application or better explained it at the outset. Certainly, he should have investigated the complainant’s immigration status prior to lodging the student visa. I note though that this specific head of complaint, acting without due care on this matter, was not pursued by the Registrar. Furthermore, the complainant should have told him of the interim visitor visa. 9 [37] Immigration New Zealand’s concerns arose from a statement as to intention made by the co...

10. Hawkes Bay Standards Committee v Hancock [2011] NZLCDT 39 [pdf, 221 KB]

    ...First, it is crucial that members of the public have confidence in the absolute integrity and probity of members of the legal profession. That is so they can consult and confide in those lawyers with confidence that their interests would always be protected and advanced, and not abused or ignored. If the public did not have such confidence, then the proper practice of the law would be inhibited. [36] Secondly, the profession itself must see that its reputation is upheld and advanced....