Search Results

1. LCRO 247/2015 TL v CS (19 July 2017) [pdf, 240 KB]

   ...Email CS to Legal Complaints Review Officer (LCRO) (17 December 2015). 12 At [5] and [7]. 7 all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [25] 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 ne...

2. [2012] NZLCDT 14 Auckland Standards Committee v ABC [pdf, 181 KB]

   ...letter of instruction and had received a certificate from the practitioner confirming that the cover was in place. The committee suggested that the practitioner had treated the certificate “lightly”. Certainly, it was clear she had not taken careful account of what it said and what, as a result, she was certifying. [19] For the practitioner it was acknowledged that she had failed to take proper care in signing a solicitor’s certificate which contained a term with which she...

3. LCRO 35/2018 MR v GB (4 April 2019) [pdf, 266 KB]

   ...manner that amounts to professional misconduct. In the context of a person who practises alone, the likely consequence of other practitioners not accepting his undertaking is severe. [67] The authors of the text also refer to a censure as being protective of the reputation of the profession in that it is seen to be the precursor to publication of a practitioner’s name. [68] Publication is not proposed in this instance, but the seriousness of a censure is reinforced by these com...

4. Auckland Standards Committee 1 v Arman [2019] NZLCDT 18 [pdf, 340 KB]

   ...3.5, 9.5, 11, 13 and 13.1. Applicable Principles [35] The purpose of the imposition of a penalty on a practitioner in disciplinary proceedings is not a punitive one. Primarily, the Tribunal has regard to the purposes of the legislation – protection of the public and protection of the reputation of the profession in the eyes of the public and the upholding of professional standards. [36] Purposes of rehabilitation, denunciation and deterrence are borne in mind. [37] So, also,...

5. [2024] NZREADT 16 TG v CAC 2204 & XW (5 June 2024) [pdf, 243 KB]

   ...principal agent. The complaint was referred to Complaints Assessment Committee 2204 (the Committee). The Committee decided on 26 September 2023 that, while the principal agent had breached the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules), it would take no further action. It is from this decision that the neighbour appeals. BACKGROUND [3] The complaint concerns the website advertising of the motel, located in a provincial city. TG, the ne...

6. LCDT Annual Report 2024 [pdf, 477 KB]

   ...of recent High Court and Court of Appeal decisions on disciplinary issues. New members are inducted by the chairperson, with a full review of the governing legislation, procedural rules and court etiquette. Ethical duties of members are also carefully outlined, as are evidential rules and the rules underlying natural justice. A training day was held in Auckland, on 5 October 2023. The training was run by the Chair and Deputy Chair, with the help of an external facilitator fo...

7. NZLS Predictions in an Uncertain World [pdf, 957 KB]

   ...turn. However, there are a number of things to be aware of. First is that different professions use different vocabulary for (more or less) the same things – see below. Second the formula has a convenient tidiness about it, but we need to be careful of the complexities of the real world. We look at dynamic (time factors) in 3.7 below. There are other complexities about changes over time which Dr Reisinger will elaborate on. Third with regard to climate change, Drs Reisinger and La...

8. BORA Coroners Bill [pdf, 21 KB]

   ...Zealand Bill of Rights Act extends to seizure of persons. However, the power of the coroner is discretionary. Clause 68 ensures that witnesses giving evidence have the same privileges and immunities as witnesses in courts of law. Accordingly, the rights protected by ss 23 and 25 of the New Zealand Bill of Rights Act are not infringed. 5.5 Clause 110 confers a power upon the coroner to require the provision of information. However, pursuant clause 68, persons upon whom notices are served...

9. BORA New Zealand Security Intelligence Services Amendment Bill [pdf, 215 KB]

   ...unreasonable search and seizure. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a ‘search or seizure’. Secondly, where certain actions do constitute a search or seizure, s 21 protects only against those searches or seizures that are ‘unreasonable’ in the circumstances. • The current framework for the issuance of intelligence warrants (which, as indicated above, were formally known as interception warrants)...

10. BORA Greater Christchurch Regeneration Bill [pdf, 288 KB]

    ...carried out or because those areas are hazardous. This purpose is sufficiently important to justify some kind of limitation on the right. There is a rational connection between restricting access to areas, buildings, public places, and roads and protecting the public from the hazards resulting from earthquake damage. 12. In assessing whether the limitations in each of clauses 48(3), 50 and 54-55 impair the right no more than is reasonably necessary, and are proportionately connected to...