Search Results

1. Auckland Standards Committee 2 v Dangen [2019] NZLCDT 22 [pdf, 502 KB]

   ...charged significant fees for her attendances, without having been authorised by the Court, and in respect of some attendances which could not have been authorised by the Court. Additionally, she advanced $20,000 as a loan to a family member of the protected person, without any authority to do so. Issues 1. What are the applicable principles of penalty in relation to this matter? 2. What is the level of culpability of the practitioner on the continuum of negligent conduct? 3. Ar...

2. National Standards Committee 2 v Tingey [2023] NZLCDT 43 (10 October 2023) [pdf, 169 KB]

   ...the fact that the conduct occurred 12 to 14 years ago. Both the complainant and the respondent have moved on and achieved significantly in their respective careers and lives. [3] In a jurisdiction that is not supposed to be punitive but rather protective, the fixing of proportionate penalty involves many factors but must also be carried out with the purposes of the LCA1 in mind. Process to be followed [4] The starting point is: 1. To ascertain the seriousness of the miscond...

3. Sandy v Khan LCRO 181 / 2009 (25 December 2009) - Decision on orders [pdf, 112 KB]

   ...been changed. The Respondent’s name has not been amended. Decision on orders [1] In a decision of 9 December 2009 it was found that certain conduct of Mr Khan contravened r 6.1 (including its sub rules) of the Rules of Conduct and Client Care and is therefore unsatisfactory conduct pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006. It is not necessary to traverse the incidents of that breach which are set out in my earlier decision. [2] Ms Sandy was invited to pr...

4. 2021-03-15 D-G of Conservation opening subs [pdf, 246 KB]

   ...Wai 1. The National Policy Statement for Freshwater Management 2020 (NPSFM) sets out at 1.31 its fundamental concept – Te Mana o te Wai: (1) Te Mana o te Wai is a concept that refers to the fundamental importance of water and recognises that protecting the health of freshwater protects the health and wellbeing of the wider environment. It protects the mauri of the wai. Te Mana o te Wai is about restoring and preserving the balance between the water, the wider environment, and the co...

5. LCRO 63/2021 FB v LK (31 May 2021) [pdf, 166 KB]

   ...reached at that meeting, and the parties executed a written relationship property agreement, appropriately certified by their lawyers (the agreement).1 [9] Mr FB subsequently became unhappy about the agreement. He considered that Mr LK had failed to protect his interests in the negotiations leading up to the agreement being signed, and that the agreement unjustly favoured Mrs FB. Complaint [10] Against that background, on 18 February 2020, Mr FB lodged his complaint with the New...

6. Wellington Standards Committee 2 v O'Connor [2023] NZLCDT 25 (9 June 2023) [pdf, 188 KB]

   ...COUNSEL Ms N Pender and Ms N Town for the Standards Committee Mr G Paine for the Respondent Practitioner 2 DECISION OF THE TRIBUNAL ON PENALTY Opportunity squandered [1] In November of 2014, after lengthy and careful consideration, the Practice Approval Committee (PAC) of the New Zealand Law Society granted Mr O’Connor a certificate of character so that he could be entered on the roll of barristers and solicitors of the High Court of New Zealand....

7. Burn v CAC 20002 & Anor [2014] NZREADT 25 [pdf, 144 KB]

   ...settled the purchase. [16] Mr Burn says that it was not until 21 March 2011 that he was aware that there was no permit for the deck. He asserts that there should have been a condition in the agreement for sale and purchase prepared by the licensee to protect Mr and Mrs Burn over the deck. Accordingly, he maintains the licensee has been guilty of misconduct or at least unsatisfactory conduct. 5 [17] His stance is that the vendor and the licensee “were fully aware that the...

8. AG v ZQ LCRO 204/2011 (14 February 2014) [pdf, 102 KB]

   ...Complainant provided more information relating to the various matters identified in his original complaint letter. [13] The purposes of the Lawyers and Conveyancers Act 2006 is to maintain confidence in the provision of legal services and to protect consumers of legal services. The preliminary task for this review was to examine whether the information now provided by the Complainant disclosed conduct that would justify returning the matter to the Standards Committee for enquiry....

9. Complaints Assessment Committee (CAC 409) v Cartwright [2018] NZREADT 25 [pdf, 264 KB]

   ...[11] In determining the appropriate penalty, the Tribunal considers the purposes of the Act, and applies the principles as to making penalty orders following a finding of misconduct. [12] The principal purpose of the Act is to “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.”4 The Act achieves these purposes by regulating agents, branch managers...

10. [2021] NZREADT 46 - Tapu (23 August 2021) [pdf, 270 KB]

    ...No. 105’s gang connection was a matter which, in fairness, ought to have been disclosed to Ms Drummond and that in not disclosing the gang connection Ms Tapu was in breach of r 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), pursuant to which a licensee “must not … withhold information that should by law or in fairness be provided to a customer or client”. The gang connection was information that should have been provid...