Search Results

1. LCRO 194/2017 MA v NB, OC and PD (20 September 2019) [pdf, 344 KB]

   ...Assn Ltd [1966] (UKCA) 1 All ER 309 at 338. 8 [33] In the course of providing regulated services to their client, a lawyer must act competently, and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care.6 [34] A lawyer’s conduct may be deemed to be unsatisfactory if, in the course of providing regulated services to their client, their conduct falls short of the standard of competence and diligence that a member of the public is ent...

2. LCRO 9/2024 & 12/2024 QB v WF and SY & WF and SY v QB (27 June 2024) [pdf, 1.3 MB]

   ...clients together as the respondents, to respondent Ms SY as “Ms X” and to respondent Mr WF as “Mr Y”. I will also refer to the Lawyers and Conveyancers Act 2006 as “the Act”, to the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 as “the Rules” and to the New Zealand Law Society as the NZLS. Background [4] The respondents worked for the same employer and in the same area of work. From mid-2015, the employer advised staff of a restructuring p...

3. CK v Auckland Standards Committee LCRO 63 / 2011 (11 October 2013) [pdf, 130 KB]

   ...lawyer”.3 [12] In addition, the Committee “...unanimously found that [the Practitioner] did not discharge his professional duties in accordance with the standards expected of the Court”.4 The Committee referred to Rule 13 of the Conduct and Client Care Rules5 (the Rules) which provides that an overriding duty of a lawyer acting in litigation is to the Court concerned. The Committee concluded that the Practitioner had not discharged his overriding duty to the Court. [13] A...

4. LCRO 180/2018 & 186/2018 KM on behalf of XYZ Trust v DF (5 May 2020) [pdf, 159 KB]

   ...discovered documents from the defendant was visibly informal, and was otherwise erroneous in several aspects; (d) Failure (in August 2015) to notify the plaintiff of the filing of an amended statement of claim, which was later found to contain careless errors because it had been prepared in the absence of any discovery by the defendant; (e) Failure (in December 2015) to seek approval from the Court to file a late amendment to the statement of claim, after the defendant failed to p...

5. Kartikeya v Fernyhough [2014] NZIACDT 44 (03 April 2014) [pdf, 239 KB]

   ...in partnership deals dishonestly with clients, the partners of the dishonest partner will not be guilty of professional misconduct simply due to the partnership association. They will have to be found to have had knowledge or failed to exercise due care, to be guilty of professional misconduct based on the conduct of another person. [40] The Tribunal is required to determine facts on the balance of probabilities; however, the test must be applied with regard to the gravity of the findin...

6. Tan v CAC20005 & Anor [2015] NZREADT 12 [pdf, 199 KB]

   ...and that the tenant in the front unit had been there approximately three months, since the vendor had refurbished it. 2.3 Before advertising the property, in order to ensure that he complied with rule 10.7 of the Professional Conduct and Client Care Rules (i.e. the process to follow when listing and advertising a property in the absence of a LIM), the second respondent obtained from the vendor a signed listing authority which confirmed that there were no defects or unpermitted works....

7. LCRO 58/2018 QD v FZ (12 October 2018) [pdf, 133 KB]

   ...changed. Introduction [1] Mr QD has applied for a review of a decision by the [Area] Standards Committee [X] (the Committee) which found that Mr QD had contravened rr 10 and 13.8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) and there had been unsatisfactory conduct on his part pursuant to s 12(b) and (c) of the Lawyers and Conveyancers Act 2006 (the Act). The Committee ordered Mr QD to pay a fine of $1,500 and costs of $500. Back...

8. Boyce and Bates v The Real Estate Agents Authority [2017] NZREADT 40 [pdf, 151 KB]

   ...purchaser from the lack of disclosure. The Committee referred to the Tribunal’s statement in its decision in Wright v Complaints Assessment Committee 10056 that the emphasis in r 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) is that licensees must ensure that they are open and honest with a purchaser so that they are not misled in their decision to make an offer to purchase a property.7 We set out the following reasoning from...

9. [2020] NZIACDT 20 - QM v Ng (14 May 2020) [pdf, 163 KB]

   ...party has sought an oral hearing. ASSESSMENT [43] 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 … Legislative requirements 3. A licensed immigration adviser must: �...

10. [2020] NZREADT 28 – Daji v Real Estate Agents Authority (25 June 2020) [pdf, 226 KB]

    ...directly with the vendor despite being advised of the existence of the sole agency agreement which did not expire until 13 September 2018. This decision was also made with reference to the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). [19] The Committee then expressed its conclusion differently:3 On the complaint against the Licensee that she has circumvented the sole agency agreement with [Harcourts] by engaging directly with the vendor d...