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1. LCRO 183/2020 DX v SQ (26 February 2021) [pdf, 260 KB]

   ...[date] where, two days later, he was diagnosed with cancer. [5] On [date], when visited by two representatives from the Public Trust, HX told them he had made another will since the 1998 will.1 [6] He returned home from hospital on [date]. A care roster was agreed whereby Mr DX and MX on the one hand, and YX and RX on the other would take turns looking after HX. On [date], MX overlooked telling YX and RX about a change in the roster. This led to an overlap, and to YX sending...

2. Turner v University of Otago (Costs) [2021] NZHRRT 48 [pdf, 250 KB]

   ...Tribunal’s discretion to award costs must promote, not negate the objects of the relevant statute under which it has jurisdiction. In that case the purpose of the Human Rights Act 1993 (HRA), as expressed in the Long Title, was noted to be the “better protection of human rights in New Zealand in general accordance with the United Nations Covenants or Conventions on Human Rights”. The purpose of the Privacy Act 1993 (PA 1993), as explained in the Long Title, included the promotion a...

3. LCRO 109/2023 W and F JM v EB and MK [pdf, 221 KB]

   ...conduct that potentially falls within the ambit of the rule. One of the examples given is “registering a caveat on a title to land knowing that (or failing to inquire whether) there is not a ‘caveatable interest’ on the part of the client to be protected” (sic). [42] The reason this is given as an example in the footnote to the rule is that there is case authority and commentary on the obligations of a lawyer in receiving instructions to lodge a caveat, as discussed below. [...

4. LCRO 139/2017 ML v OP QR [pdf, 290 KB]

   ...Act, 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. [29] 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 necess...

5. BP v YF LCRO 142 / 2010 (24 March 2011) [pdf, 98 KB]

   ...estimates. Rule 9.4 of the Client Care Rules obliges a lawyer to provide an estimate of fees if required, and to inform the client promptly if it becomes apparent that the fee estimate is likely to be exceeded. This rule reflects the consumer protection objectives of the Act as set out in s3(b). If the requirement to provide estimates is not reinforced by a requirement to have care when doing so, and an obligation to adhere to them as closely as possible (unless circumstances deve...

6. Canterbury Standards Committee v X [2011] NZLCDT 19 [pdf, 125 KB]

   ...[20] Bolton v Law Society 8 remains definitive in matters of professional discipline, with proven dishonesty noted as invariably leading to striking off. 9 That ensures a wrongdoer has no opportunity to repeat the offence, ensuring public protection, and that public confidence in the legal profession is maintained. [21] The legal profession is required to observe the highest standards of integrity, probity and trustworthiness. The public must be able to repose full trust and...

7. BORA Anti-Money Laundering and Countering Financing of Terrorism Bill [pdf, 313 KB]

   ...21. 3.2 The Bill provides for a number of offences for failure to comply with various obligations without reasonable excuse (clauses 104, 105, 108 and 109), thereby placing an evidential onus on the accused, contrary to the presumption of innocence protected by s 25(c). 3.3 The Bill provides for a civil pecuniary penalty in respect of civil liability acts (clause 88). As this penalty is similar to other penalties in the Bill that are expressed as criminal, it raises the issue as to whet...

8. BORA Government Communications Security Bureau and Related Legislation Amendment [pdf, 402 KB]

   ...prescribed: (a) Their purpose is governed by the objective of the GCSB, which is to contribute to the national security, international relations and/or economic wellbeing of New Zealand. (b) The powers conferred on GCSB are directed towards the protection, security, and integrity of information infrastructures, information about such infrastructures and the capabilities, intentions, and activities of foreign persons and foreign organisations. (c) The provision in the Bill for the GCSB...

9. [2023] NZREADT 20 - CAC 2107 v Sheldon (Penalty) (14 August 2023) [pdf, 226 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [11] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:2 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish t...

10. [2023] NZREADT 13 - CAC v Sun (9 June 2023) [pdf, 160 KB]

    ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [25] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:1 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish t...