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1. LCRO 9/2024 & 12/2024 QB v WF and SY & WF and SY v QB (27 June 2024) [pdf, 1.3 MB]

   ...clients together as the respondents, to respondent Ms SY as “Ms X” and to respondent Mr WF as “Mr Y”. I will also refer to the Lawyers and Conveyancers Act 2006 as “the Act”, to the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 as “the Rules” and to the New Zealand Law Society as the NZLS. Background [4] The respondents worked for the same employer and in the same area of work. From mid-2015, the employer advised staff of a restructuring p...

2. BO v DE LCRO 297 / 2012 (13 September 2013) [pdf, 92 KB]

   ...are to promote and protect the interests of their client and there is no general professional duty towards another party who is not a client. Nor does an opposing lawyer owe the other party, who is also represented by their own lawyer, a duty of care. [5] The Standards Committee decided to take no further action on the complaint pursuant to s 138(2) of the Lawyers and Conveyancers Act 2006 (the Act). Section 137 of the Act allows a Standards Committee to take no further action...

3. LCRO 193/2019 CF v YL (19 February 2021) [pdf, 134 KB]

   ...ongoing bullying he had suffered in the workplace. [7] On completing a review of B’s circumstances, Ms YL provided an opinion to B. She concluded that the threshold for establishing workplace bullying had not been met. [8] Mr CF, clearly a caring and attentive father, had endeavoured to assist B in assembling and advancing B’s employment case. The complaint and the Standards Committee decision [9] Mr CF lodged a complaint with the NZLS on 20 May 2019. The substance of his c...

4. BORA Lawyers and Conveyancers Amendment Bill [pdf, 322 KB]

   ...proposal raises a possible inconsistency with s 17 of the Bill of Rights Act. However, the position is complicated by the uncertain scope of that right in comparable jurisdictions, which do not necessarily recognise the extension of the right to protect associations of a commercial character. However, in our view the proposal is in any event justifiable under s 5 of the Bill of Rights Act as reflecting a rational and legitimate policy choice by the legislature to re-emphasise the import...

5. [2023] NZIACDT 29 - DT v Li (11 December 2023) [pdf, 111 KB]

   ...immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice. [22] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 3 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 6 …It is well established that professional disciplinary proceedings are civil and not criminal in...

6. [2025] NZIACDT 22 – ZZ v Wen (25 March 2025) [pdf, 214 KB]

   ...steps to reduce her exposure to future liability. She contacts independently with her clients and does not hand them over to unlicensed people. She has shifted her practice from work visas to primarily focus on education visas. Ms Wen gives more care to proper processes in her work. She has learned a quick and painful lesson. [16] As for the sanctions proposed by the Registrar: 1. A censure is not opposed. 2. In respect of training, Ms Wen states that the time and effort inv...

7. [2020] NZIACDT 21 - Immigration New Zealand (Carley) v Penty (18 May 2020) [pdf, 169 KB]

   ...uphold it but take no further action or uphold it and impose one or more sanctions.10 [59] The sanctions that may be imposed by the Tribunal are set out in the Act.11 The focus of professional disciplinary proceedings is not punishment but the protection of the public.12 [60] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ i...

8. [2021] NZEmpC 208 ABC v DEF [pdf, 315 KB]

   ...later challenge any without prejudice statements made at mediation. [5] The Authority convened a case management conference call at which it received oral submissions. Then the parties were sent an email stating that the Member had considered carefully the forceful submissions made by ABC that mediation should not proceed. The Member considered that mediation remained mandated by s 159 of the Act and could be of assistance to the parties in clarifying the claims or resolving the...

9. LCRO 61/2022 YJ v GQ (29 October 2024) [pdf, 218 KB]

   ...responsibility for the complaints. 10 The debtor was Ms IE. 5 8. Failing to intervene when counsel for PS made oral and incorrect submissions to the Court. 9. Generally, failing to give clear information and advice to Ms YJ and failing to protect her interests. [21] The outcome sought by Ms YJ was to have the invoices paid by her for the High Court proceedings and the Notary Public fees and travel costs reimbursed. Mr GQ’s reply [22] Set out below are extracts from...

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