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1. 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...

2. 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...

3. 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...

4. 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....

5. 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...

6. [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...

7. Waitangi Tribunal - issue 57 of Te Manutukutuku [pdf, 571 KB]

   ...viewed on the Tribunal’s pass-worded extra- net at: www.waitangi-tribunal.govt.nz/inquiries/ � Mediation Successful in Wairarapa Whakaiho mai te korowai o te matauranga cont inued f rom page 1 “This was his message for a more re- sponsive and caring society,” said Haare Williams. “One in which peo- ple respected justice and righteous- ness or the laws derived from God, British justice and Mäori law, con- firmed in the signing of the Treaty of Waitangi. Have faith in the y...

8. Hawkes Bay Standards Committee v McKay [2014] NZLCDT 20 [pdf, 64 KB]

   ...provides good reason to refuse a request from the client for access. Submissions for the Standards Committee [20] Mr Collins submitted on behalf of the Standards Committee that this was an example of a lawyer failing in his most basic duty to protect his client. He referred to Ms H as “unsophisticated and vulnerable” that is in respect of the loss of her home. Mr Collins described the consequences of the lawyer’s failure as “absolute and devastating”. [21] The complete...

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. Complaints Assessment Committee 412 v Grewal, Preet & Co Real Estate Limited, Voordouw and Mason [2018] NZREADT 70 [pdf, 215 KB]

    ...“completely unacceptable” and that Mr Grewal was to confirm that day that $1 million and the two purchase deposits had been deposited into the trust account. [7] Pursuant to r 7.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), a licensee who has reasonable grounds to suspect that another licensee has been guilty of unsatisfactory conduct “may” make a report to the (then) Real Estate Agents Authority (“the Authority”)....