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1. LCRO 164/2019 SM v NL (25 June 2020) [pdf, 150 KB]

   ...further action on the complaint was necessary or appropriate. [15] In reaching that decision the Committee concluded that: (a) the relevant conduct rule to consider was r 8.7.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); and (b) it was unable to identify any specific confidential information held by Mr NL from the previous retainer which, if disclosed, would be advantageous to the applicant in the DVA proceedings; and (c) Mr S...

2. Juneja v Kumar [2016] NZIACDT 13 (18 March 2016) [pdf, 116 KB]

   ...inquisitorial functions under section 49 of the Immigration Advisers Licensing Act 2007, by requiring Mr Kumar to appear, and address any opposing evidence and cross-examination from the Registrar and the complainant. The Registrar has responsibility for protecting the public interest in the complaints process, investigating complaints, and ensuring the Tribunal has such information as it should have to make decisions. [27] The Tribunal has unchallenged evidence given on oath, it is obli...

3. C v I [2018] NZIACDT 20 (18 June 2018) [pdf, 213 KB]

   ...Tribunal (HPDT) in Re Tolland [2010] NZHPDT 325 (9 September 2010). The HPDT observed at [39]: 6 Negligence, in the professional disciplinary context, does not require the prosecution to prove that there has been a breach of a duty of care and damage arising out of this as would be required in a civil claim. Rather, it requires an analysis as to whether the conduct complained of amount to a breach of duty in a professional setting by the practitioner. The test is whether...

4. 2017 NZSSAA 053 (4 October 2017) [pdf, 185 KB]

   ...permit and for some of the time she was in New Zealand unlawfully without a valid 2 visa. During the period of time down to 10 January 2013, she only held temporary visas. On 10 January 2013, she lodged an appeal with the Immigration and Protection Tribunal and sought to obtain a residents visa on humanitarian grounds. The Immigration and Protection Tribunal allowed her appeal and issued a residence visa valid from 25 June 2014. The key element for granting the appellant...

5. Justice Matters - issue 07 - June 2017 [pdf, 3.8 MB]

   ...with multiple interactions with different government agencies. But data from IDI has specifically shown us, for example: • three out of every four young prisoners were notified to Oranga Tamariki – formerly Child Youth and Family – for a care and protection concern before they turned 15 years old • for a group of people born in New Zealand in 1978, 80% of convictions went to those who were first convicted before the age of 20. Of those people born in 1978, 1 in 4 had a...

6. [2021] NZREADT 47 - Cavanagh (25 August 2021) [pdf, 258 KB]

   ...of skill and experience considered average in the High Court”6 with a time allowance in band B (where “a normal amount of time is considered reasonable”).7 He submitted that the proceeding was very important for Mr Cavanagh, and required careful and thorough analysis of the law, marshalling of relevant evidence from witnesses and preparing detailed submissions. Mr Judd set out a schedule of costs, leading to a claim 5 Section 110A of the Act was inserted, as from 14 Nove...

7. Penzance v Runcorn LCRO 170 / 2009 (10 February 2010) [pdf, 69 KB]

   ...the nature of the relationship with Mr Penzance and various intimate details. [9] At the hearing Mr Penzance referred to the applicable legislation and professional rules. In particular he referred to r 8.7 of the Rules of Conduct and Client Care which prohibit the use of confidential information. The rule states: 8.7 A lawyer must not use information that is confidential to a client (including a former client) for the benefit of any other person or of the lawyer. 8.7.1 A lawyer...

8. Human-Rights-Commission-Re-Hendrie.pdf [pdf, 511 KB]

   ...Mrs Nancy Ruth Hendrie. In July 1987 Mrs Hendrie was admitted to the Ashburton Hospital for elective surgery to correct a nerve problem in her arm. In the course of the operation she suffered a cardiac arrest. She was transferred to intensive care in Christchurch, but sadly on 13 July she died. The inquest into her death commenced on 9 October 1987 and after continuing through the next day it was adjourned' 2. to 12 November. On the first days, some attention had been directe...

9. LCRO 137/2015 RR v BN, SF, WE, IM and PL (3 August 2018) [pdf, 112 KB]

   ...observation that Ms RR misapprehends how trusts can be formed, the logic that pervades Ms RR’s complaints and her application for review can fairly be described as deeply flawed. [29] In addition to the other materials available on review, I have carefully considered Ms RR’s comments at the review hearing. I have been unable to distil any standards issue that arises from any of the concerns Ms RR raises. It is noted that most if not all of her initial concerns have been consid...

10. CAC20003 v Sue [2015] NZREADT 87 [pdf, 180 KB]

    ...flow purposes of the business. Currently I am only managing several rental properties for the owners which the rental payments are now paid directly into their accounts and they pay the commission to me once a month, the individual owner also take care of all maintenance and repairs costs directly. In hindsight this should have been the structure of our business in the past.” [22] Inter alia, Mr Sue records that he has met with the owner of Unit 4B, 164 The Terrace, Wellington, an...