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1. LCRO 142/2016 TR v YV (28 November 2018) [pdf, 181 KB]

   ...that aid would not be available for that purpose. A reasonably competent solicitor would recognise immediately, that legal aid would and is available for someone such as Ms OP (solo mother reliant on a benefit) to issue proceedings under the Family Protection Act and the Law Reform (Testamentary Promises) Act. In this regard, Mr YV of course is not a lawyer able to accept instructions on legal aid, and should have then referred Ms OP to alternative counsel. 4. Had Mr YV done so, then...

2. LCRO 84/2020 WF v BP (11 June 2020) [pdf, 159 KB]

   ...complaint. 10 [60] Mr WF was not receiving documents on behalf of a client. He was receiving a decision detailing the outcome of a disciplinary inquiry that directly involved him as the subject of the complaint. [61] Consistent with the consumer protection objectives of the Act, the processes for conducting inquiry into complaints (including delivery of decisions) are intended to be “user friendly” and relatively informal. [62] Mr WF does not suggest that he did not recei...

3. Kake - Estate of Aldyth Kake (2020) 209 Taitokerau MB 134 (209 TTK 134) [pdf, 294 KB]

   ...paid and so Carrie paid it on Aldyth’s behalf. It appears she did this because of their close relationship with Aldyth. [33] Mr Shanahan further argued that at the time the will was signed, Aldyth was 101 years old, Ihaia and his wife were caring for her, and they had a close relationship. Mr Shanahan argues this has common features with the case in Wellington. [34] In Wellington, it was not just the testator’s age that was of concern. There it was argued that he had ill-...

4. [2023] NZEnvC 102 The Alpine Group Limited v Southland Regional Council [pdf, 8.1 MB]

   ...Under Section 104B of the Resource Management Act 1991, a resource consent is granted by the Southland Regional Council to The Alpine Group Limited & Stephen William Day of PO Box 218, Wanaka 9343 from 24 March 2022. Please read this Consent carefully, and ensure that any staff or contractors carrying out activities under this Consent on your behalf are aware of all the conditions of the Consent. Details of Permit Purpose for which permit is granted: To use a total of six moor...

5. KL v WS LCRO 160/2013 (15 June 2016) [pdf, 89 KB]

   ...another person. It appears to be the case that any money paid to a barrister sole that has not been the subject of an invoice for services provided can only be held on behalf of that other person. [41] Money held in a solicitor’s trust account is protected by regulations that only apply to trust accounts. Barristers sole expose themselves and any other person on whose behalf they hold money, to a range of potential difficulties by holding money in advance of issuing an invoice for...

6. CD and Anor v GH LCRO 98/2013 (3 August 2016) [pdf, 102 KB]

   ...[GH] had contravened s 110 of the Lawyers and Conveyancers Act 2006 (the Act), Lawyers and Conveyancers Act (Trust Account) Regulations 2008 reg12(6) and rules 3, 10, 10.3 and 10.3.2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 which say: Section 110 110 Obligation to pay money received into trust account at bank (1) A practitioner who, in the course of his or her practice, receives money for, or on behalf of, any person— (a) must ensure that...

7. LCRO 137/2023 FK v QT (10 June 2025) [pdf, 222 KB]

   ...contemporaneous decision deals with the rest of the applicant’s complaints against the associate. What gave rise to the complaint? [5] The applicant was a recently qualified lawyer who represented himself in relationship property, family violence and care of children proceedings before the Family Court, principally because he could not afford a lawyer. He had no experience in the field. [6] The respondent and the associate represented the wife between June 2020 and September 2022...

8. Te Ariki o Kahukura v Moore – Manukorihi 1B Section 2 (2013) 313 Aotea MB 254 (313 AOT 254) [pdf, 95 KB]

   ...land. The Registrar will provide an appropriate draft trust order to the parties for their consideration as soon as possible. [13] A related consideration, as foreshadowed, is the occupancy of the dwelling by Mr Ngaia and, I understand his primary care-giver, Ms Moore. Prudent trustees will ensure that at the very least the rates and insurance for the dwelling are paid, as it is said they have been, given that one of their principal duties is to protect the assets of the trust. The...

9. KL v WS LCRO 160/2013 Penalty (15 June 2016) [pdf, 38 KB]

   ...Mr KL. Purposes of the Act [3] The approach when considering whether to make orders, and if so, which orders to make, is guided by the purposes of the Act. Those include maintaining public confidence in the provision of legal services and protecting consumers of legal services such as Mr KL. Section 156 [4] Section 156 provides for a range of orders to be made as a consequence of a finding that a practitioner’s conduct has been unsatisfactory pursuant to s 12 of the Act....

10. Williamson v Tangilanu [2012] NZIACDT 18 (8 May 2012) [pdf, 95 KB]

    ...penalty for both matters must reflect the overall conduct. [3] The facts and background are set out in the earlier decision upholding this complaint, dated 28 March 2012. The key findings were: [3.1] Ms Tangilanu systematically failed to act with care, diligence and professionalism in performing her services, by ignoring the requirements of the Code. [3.2] She failed to commence her professional engagement as a licensed immigration adviser with a written agreement, as the Code require...