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1. [2017] NZEnvC 053 Federated Farmers of New Zealand v Mackenzie District Council [pdf, 17 MB]

   ...then they must advise the Mackenzie District Council of those in writing by 22 May 2017. c: The Mackenzie District Council shall prepare and circulate a copy of PC13 as confirmed by this decision (and including all amendments taking particular care with the numbering of the rules) and must lodge it with the Registrar by 17 June 2017 (or such extended date as the court may grant on application) for final confirmation. 0: If any party considers the version of PC 13 lodged under the...

2. [2023] NZIACDT 28 – YI v MM (8 November 2023) [pdf, 161 KB]

   ...[97], [101]–[102] and [112]. 8 ASSESSMENT [34] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, and … Code and complaint documents 17. Before entering into a written...

3. LCRO 247/2015 TL v CS (19 July 2017) [pdf, 240 KB]

   ...2015, determined, pursuant to s 152(2)(b)(i) of the Lawyers and Conveyancers Act 2006 (the Act) that by acting for Mr D and Mr H against Mr CS: (a) Mr TL had contravened rule 8.7.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules) which constituted unsatisfactory conduct under s 12(c) of the Act. (b) In the alternative, Mr TL’s conduct “[fell] short of the standard of competence and diligence that a member of the public is entitled to...

4. TE v Wellington Standards Committee LCRO 100/2010, 92/2011, 153/2012 (1 February 2013) [pdf, 126 KB]

   ...section 7(1)(b) has any relevance to the determination. [46] In Shrewsbury v Rothesay, the LCRO discussed the provisions in Australian jurisdictions parallel to the Lawyers and Conveyancers Act and also considered the purposes of the Act, being to protect consumers of legal services and to provide a more responsive regulatory regime in relation to lawyers and conveyancers. At paragraph [30] of that decision he noted: - It would defeat that purpose [of consumer protection] if the...

5. EQE v ICQ [2019] NZIACDT 37 (6 June 2019) [pdf, 189 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.4 [32] The sanctions that may be imposed by the Tribunal are set out in the Act.5 The focus of professional disciplinary proceedings is not punishment but the protection of the public.6 [33] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ...

6. BW v NA LCRO 266/2012 and 269/2012 (9 June 2014) [pdf, 185 KB]

   ...and his view that his fees were not excessive. It recorded the steps it had taken in its enquiry leading up to the hearing including receiving Mr NA’s submissions, set out sections of the Act, Trust Account Regulations and Conduct and Client Care Rules (the Rules),2 dealt with the two aspects of Mr BW’s complaint then considered the following two issues which arose from the issues it had identified in the notice of hearing: a) Whether or not [the $6,500 fee was] in fact debited...

7. BG & BG v Hakaoro [2013] NZIACDT 63 (19 September 2013) [pdf, 157 KB]

   ...decision, had now expired. Accordingly, he was now in New Zealand unlawfully and had to leave or he was liable for deportation. [21] The following day the complainants paid Mr Hakaoro $500 to lodge an appeal against the decision with the Immigration and Protection Tribunal. Mr Hakaoro issued a receipt, which stated that the payment was for “appealing”. [22] The complainants did not receive any correspondence from Mr Hakaoro. On 26 January 2012, they went to see Mr Hakaoro to obtain...

8. [2021] NZACC 104 - A v ACC (16 July 2021) [pdf, 309 KB]

   ...due to the nature of the treatment and the ability to receive it with ever improving online technology. Although s 28 does not apply, the general policy of the Act is still on New Zealand registered providers. This provides an element of public protection because these are persons within this jurisdiction and who are subject to professional disciplinary and competency assurance requirements. It would take a decision by Parliament to depart from this, even for video-link treatment...

9. National Standards Committee 1 v Palmer [2023] NZLCDT 13 (28 April 2023) [pdf, 157 KB]

   ...Purposes and principles of penalty [13] It is now well established that the purpose of penalties imposed in professional disciplinary proceedings is not punitive. Rather, it reflects the purposes of the Lawyers and Conveyancers Act 2006 (LCA): the protection of the public, the upholding of professional standards and of the confidence that the public has in the legal profession. [14] As well as that, an assessment of proportionate penalty includes consideration of the following:...

10. [2020] NZIACDT 23 - Y(O)R v Tian (8 June 2020) [pdf, 135 KB]

    ...son’s schools and not gaining written permission to continue representing her or her family; and (vii) failing to issue invoices for fees and disbursements to the complainant. (2) Alternatively– (i) failing to conduct herself with due care and diligence in relation to client engagement and processing the complainant’s visa applications, in breach of cl 1; (ii) failing to disclose to the complainant in writing a conflict of interest (commissions from schools) and failin...