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1. ASC annual report 2018 [pdf, 788 KB]

   ...Current Membership of the Committee ............................................................................... 3    Introduction ........................................................................................................................ 3    Standards of Care Document ............................................................................................... 3    Potential for Change – Law Review .....................................................

2. Cooper v Standards Committee LCRO 280/2013, 281/2013, 324/2013, 325/2013, 34/2014, 118/2014 (17 April 2015) [pdf, 406 KB]

   ...appeared to have receipted funds directly into his practice account, in breach of rule 9.3, regs 9 and 10 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008, and s 110 of the Act. [6] The Committee considered:5 …that the protection of client money is of paramount importance under the Act and the reason why there are stringent rules around the handling of client money by lawyers. Mr Cooper’s conduct is in direct contravention of these requirements and is a ser...

3. AQ v Mudaliar [2015] NZIACDT 93 (16 October 2015) [pdf, 132 KB]

   ...standards of conduct are maintained in the occupation concerned. [8] When imposing sanctions, those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [8.1] 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 ...” [8.2] Demanding minimum standards of conduct: Dentice v Valuers Registratio...

4. BORA Justices of the Peace Amendment Bill [pdf, 300 KB]

   ...sensitivity to the place of the particular Court or Judicial Officer within the judicial hierarchy. For example, the South African Constitutional Court observed in Van Rooyen v State:[1] "In deciding whether a particular Court lacks the institutional protection that it requires to function independently and impartially, it is relevant to have regard to the core protection given to all Courts by our constitution, to the particular functions that such a Court performs and to its pl...

5. BORA Oaths Modernisation Bill [pdf, 290 KB]

   ...alternative administrative ceremony which the witness considers binding. In particular, the presence of the option of swearing an oath on the Bible was challenged on the basis that it infringed the right to freedom of religion, conscience and belief protected by s 2(a) of the Charter of Rights and Freedoms. 14. The Court held that the inclusiveness of the legislation (i.e. the availability of affirmation or other ceremonies to bind the witness): "…need to be seen as an attempt...

6. LCRO 101/2016 PL v OH (29 November 2018) [pdf, 92 KB]

   ...valid, [Ms OH] was attempting to obtain an additional $37,050 over the original purchase price for her client by issuing a document – being the settlement statement – knowing it to be incorrect. [14] She did not consider her lawyer could have protected her “from something [she] had no knowledge of due to the serious misconduct and deception by Ms OH”. [15] Mrs PL did not agree that Ms OH had no duty to her. She “believes Ms OH, as a member of the Law Society, has fundamental...

7. Complaints Assessment Committee 412 v Singh [2019] NZREADT 004 [pdf, 187 KB]

   ...transaction. … (3) The licensee must make the disclosure required by subsection (1) before or at the time that the licensee provides the prospective party with any contractual documents that relate to the transaction. [10] The purpose of s 136 is to protect vendors and prospective purchasers by providing for transparency in a real estate transaction. Parties to a transaction are entitled to be aware of the identity of those they are dealing with, so that they may be assisted...

8. Wellington Standards Committee 2 v O'Connor [2023] NZLCDT 21 (17 May 2023) [pdf, 196 KB]

   ...that case also, the practitioner referred to the hardship to clients as justifying a stay of the suspension.5 His Honour Lang J acknowledged that there may be prejudice to existing clients and some disruption to court hearings. [29] His Honour carefully analysed the rationale underlying section 244(3):6 The Act is protective in nature, in that two of its primary purposes are to maintain public confidence in the provision of legal services and to protect consumers of legal services....

9. OIA-94638.pdf [pdf, 7 MB]

   ...O FF IC IA L IN FO RM AT IO N AC T 19 82 3 circumstances, which the defence is designed to recognise, do not alter depending on the identity of the child killed. It also means that children in the home, the most vulnerable, have less protection because of the substantially lower maximum penalty for infanticide (3 years). 11.3. It is available only when the child killed is less than 10 years old. If a mother kills her three children aged 1, 9, and 12 years, suffering a disord...

10. LCRO 59/2021 RY v QX (21 December 2022) [pdf, 255 KB]

    ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [53] 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 nece...