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1. Franklin v CAC 20005 & Bailey [2013] NZREADT 77 [pdf, 51 KB]

   ...the thorough and clear way in which he has presented his views, not only to us but also to the Committee. Broadly, his evidence confirms the facts as we have set them out above, but provided much more detail not needing to be covered here. He was carefully cross-examined by counsel. [14] It seems that the prospective purchaser who was the appellant’s client (i.e. Mr Bateson) incurred $546 for legal advice to assist him bid at the auction and spent much time arranging finance up to...

2. Lee v CAC 10048 & Cho [2012] NZREADT 65 [pdf, 62 KB]

   ...value of the property and she accordingly had an unrealistically high opinion and expectation of the value of her property. The Complaints Assessment Committee found that no written appraisal under rule 9.5 of the Professional Conduct and Client Care Rules was provided and that in failing to do so Mr Cho had engaged in unsatisfactory conduct. In a penalty decision dated 4 November 2011 the Complaints Assessment Committee declined to make an order against Mr Cho other than the finding of...

3. ZQI v DI [2013] NZIACDT 70 (24 October 2013) [pdf, 170 KB]

   ...On 6 March 2012 the adviser submitted a change of business plan application (COP) for the Long Term Business Visa (LTBV) which the complainant currently held. 4. The complainant’s original business plan dealt mainly with the exporting of healthcare products from New Zealand. The COP proposed to change this to an import/export business. 5. On 26 March 2012 the COP was withdrawn by the adviser. 6. On 28 March 2012 the adviser emailed the complainant to confirm that Immigration New Ze...

4. Greyling v Gimranov [2016] NZIACDT 22 (2 May 2016) [pdf, 181 KB]

   ...allegations were that potentially: [7.1] He breached clauses 1 and 3(c) of the Licensed Immigration Advisers Code of Conduct 2014 (the 2014 Code). Clause 1 required him to be honest, professional, diligent, respectful and conduct himself with due care and in a timely manner. Clause 3(c) required him to act in accordance with New Zealand immigration legislation. The breach potentially occurred as: [7.1.1] Section 6 of the Immigration Advisers Licensing Act 2007 (the Act) prohibits anyon...

5. Reducing serious crime results action plan 2017 [pdf, 147 KB]

   ...addiction) to identify intervention points, barriers to delivering on the current system and opportunities to improve the responses to these offenders. • Investment in AOD treatment and support; better mental health for offenders – AOD Aftercare workers; community residential Treatment and Intensive Outpatient programmes; Offender Digital Health Services – more therapeutic environments, focused on supporting people at risk to make them well enough to leave the unit, stay saf...

6. BORA Sale and Supply of Liquor and Liquor Enforcement Bill [pdf, 312 KB]

   ...to disadvantage, that disadvantage is discriminatory. It is accepted that a distinction based on a proscribed ground that is rationally connected and proportionate to a sufficiently important objective does not amount to discrimination.[4] 9. Protection against alcohol-related harm is an important objective. Further, the use of the age of 18 reflects both empirical indications of vulnerability and, given the premise of parental responsibility, the existence of parental or guardianship...

7. Auckland Standards Committee v Valu Pome'e [2014] NZLCDT 87 [pdf, 107 KB]

   ...The conduct in relation to this charge was the failure to respond to inquiries and requests for information from the female complainant in a prompt and timely manner. This is a clear breach of Rules 3.2 and 7.2 of the Rules of Conduct and Client Care.3 (Failure No. 4) [16] These rules read as follows: 3.2 A lawyer must respond to inquiries from a client in a timely manner. And 7.2 A lawyer must promptly answer requests for information or other inquiries from a client. Charges 8...

8. LCRO 139/2015 WN v YL and TM [pdf, 190 KB]

   ...wrote: Hi TM Could you please write to NA’s Solicitor and ask how they came to receive the following mentioned information! That I intended to provide affidavits from two witnesses! 1 Pursuant to Care of Children Act 2004, s 132. 2 Court Minute. 4 Kindly Regards WN [20] Ms TM replied on 30 August 2011: Dear WN Thank you for your email yesterday. We can advise that it was advised at Court on 29 June 2011 that you intende...

9. XB & XC v A North Island Standards Committee LCRO 207-208 / 2012 (10 June 2013) [pdf, 163 KB]

   ...October 2009 (the authority) ~ which reads as follows: To whom it may concern: I (name of client) for myself personally and on behalf of my company (name of company) hereby authorise you to transfer funds to the trust account for [Law Firm 1] to protect my company's funds from possible seizure. The moneys owing to [Law Firm 1] and [Mr XB] personally are to be repaid from the sale proceeds and disbursed according to these instructions. 7. [Law Firm 1] advised that they acte...

10. Auckland Standards Committee v Johnston [2013] NZLCDT 30 [pdf, 182 KB]

    ...dishonourable conduct in the course of providing regulated services and/or wilful or reckless contravention of provisions of the Lawyers and Conveyancers Act 2006 (LCA), LCA Trust Account (Regulations) 2008, and LCA (Lawyers: Conduct and Client Care) Rules 2008”. [2] The charges are detailed and are set out as an appendix to this decision. [3] At the outset of the penalty hearing Mr Johnston indicated that he did not oppose the order striking him off the roll of barristers and sol...