Search Results

1. LCRO 1/2018 SY v LT and LN (17 December 2019) [pdf, 224 KB]

   ...that Mr SY had failed to communicate with the beneficiaries as described, the Committee turned to consider what professional standard or standards were engaged. [51] Referring to r 7.1 of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), the Committee noted that “a lawyer is required to keep a client informed about progress on the retainer”. It held that “the beneficiaries should also have been kept informed.”3 [52] The Committee conc...

2. Canterbury Westland Standards Committee v Simes [2012] NZLCDT 4 [pdf, 194 KB]

   ...misconduct and one of unsatisfactory conduct. [2] The misconduct charge alleged that between 28 May 2009 and 23 June 2009, Ms Simes had wilfully or recklessly contravened Rules 11 and 11.3 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“CCC Rules”). [3] The unsatisfactory conduct charge alleged that between 1 January 2009 and 31 December 2009, Ms Simes was a party to offences under Sections 24 and 26 Lawyers and Conveyancers Act 2006. [4] The Tri...

3. [2006] NZEmpC AC 54/06 Yuan Cheng International Investment Group Ltd v Buer [pdf, 92 KB]

   ...addressed the decision of Pearce v Attorney-General in respect of the Department of Labour [2005] 1 ERNZ 731. That was a case where the full Court of the Employment Court considered the effect of an amendment to the Parental Leave and Employment Protection Act 1987 on the interpretation of the original section. The Court accepted there were three possibilities that can be gained from the authorities: • The original legislation was ambiguous and therefore the amending legislatio...

4. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 26 [pdf, 349 KB]

   ...defined in s 241(c)?3 5. If not, did unsatisfactory conduct occur? Background [5] Ms Fendall is a practitioner of many years’ experience who has primarily specialised in representing young people in the Youth Court. [6] Having taken out income protection insurance in 2002, she made her first claim under the policy in September 2009. Her claim was accepted because she was suffering from depression. [7] This was the first claim period of two periods which are under consideratio...

5. LCRO 121/2023 AI v HR (12 December 2023) [pdf, 218 KB]

   ...require their lawyers to obtain valuations of, or to advise them about the values of, the relationship property. 1 Separation and Relationship Property Agreement (6 March 2018) (the agreement). 3 [13] The agreement contained a further lawyer protection clause which read as follows: The parties hereby acknowledge and agree that in executing this Agreement they have not relied on the other parties (sic) legal advisers and they hereby cross indemnify the other party’s legal advis...

6. 25072025-Electoral-Amendment-Bill [pdf, 581 KB]

   ...influencing a person’s choice whether to vote or not, for example. Treating and undue influence 50. The proposed amendments to the offences of treating and undue influence appear consistent with the NZBORA.52 Either the proposals are consistent with protected rights such as s 12, by positively upholding the integrity of the electoral system, or to the extent that they impose limits on protected rights, those limits are justified given (i) the important goal of preserving electoral int...

7. Chand v Devi [2016] NZIACDT 4 (14 January 2016) [pdf, 134 KB]

   ...standards of conduct are maintained in the occupation concerned.” [7] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [7.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [7.2] Demanding minimum standards of conduct: Dentice v Valuers Registrat...

8. Threshold REAA CAC 20005 v Drever [2014] NZREADT 41 [pdf, 36 KB]

   ...us for an order under s.115 of the Act to suspend the defendant’s licence pending the outcome of the 2 hearing of the said charge on the grounds that is necessary or desirable having regard to the interests of the public including: 1. Protection of the public in light of the serious nature of the charge, namely: (a) Obtaining payment of vendor client funds into his personal bank account when he knew this money was rightly the property of Hedgman Real Estate Ltd (the agency)...

9. LG v Hakaoro [2013] NZIACDT 32 (27 May 2013) [pdf, 94 KB]

   ...costs and expenses [33] The Authority has not sought the payment of costs and expenses, accordingly no order will be made in that regard. Publication [34] It is necessary and appropriate that this decision is published. It is important for the protection of the public. [35] Mr Hakaoro has sought to defer publication until he has the opportunity to lodge an appeal. However, there are no rights of appeal against the decision upholding the complaint, only the penalty (ZW v Immigration...

10. E60 Bob Hawkins - Nautical - EIC - Sealink [pdf, 711 KB]

    ...phase and development of the construction methodologies and enabling works to be undertaken in Hamer Street to ensure the potential effects on trees and the number of tree removals required are minimised. (b) Condition 125A: All reasonable care shall be taken during the works to ensure that the trees within Hamer Street that are growing outside the project area are retained in a safe and healthy condition. Only in instances where the Appointed Arborist (taking into consideration...