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...but she took no steps to correct the matter. 3 Affidavit of David James More dated 20 th August 2012, Exhibit “A” at page 18 of the Standards Committee Bundle. 8 [30] The need to protect the public and the need to maintain public confidence in the legal profession are key elements in the professional disciplinary regime in which we operate. These elements were spelt out in Bolton v Law Society4 and they have subseq...
...Conduct and Client Care) Rules 2012, and fell short of the standard that a reasonable member of the public is entitled to expect from a reasonably competent licensee.4 Sentencing principles [11] 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.”5 The Act achieves these purposes by regulating agents, branch man...
...6.10 provide a verdict would not be affected because a person was deferred or excused from jury service, or served on a jury, because of steps taken pursuant to the new powers in paragraphs 6.1 – 6.8; Clarify the relationship between open justice protections and health and safety measures through the Criminal Procedure Act 2011 7 agreed to clarify that the provisions of the Criminal Procedure Act 2011 relating to public and media access to criminal proceedings do not affect the ability...
...focused on understanding links between maternity and early parenting support services and identifying who uses these services and who may be missing out. 15. Examples of results so far include a Maternity and “WellChild” needs assessment and care planning tool for early intervention. This tool has been in use in Porirua and Waikato since January 2011, and will ensure that needs are more consistently identified and referred to the appropriate places. 16. The inter-agency group ha...
...purpose and give rise to different considerations than civil proceedings taken to obtain financial remedies. We agree that principles relating to issue estoppel must not be applied too rigidly where that would have the effect of undermining the consumer protection purpose of the disciplinary regime contained in the Real Estate Agents Act 2008. However, we accept that issue estoppel principles are relevant to the exercise by a Committee (or to us on appeal) of the discretion to take no fu...
...phone Legal Aid Provider Services at the Ministry of Justice national office on 04 918 8800 or email legalaidprovider@justice.govt.nz Sending in your application Please email this form and any attachments (such as your practising certificate, client care letter or letter of engagement) to legalaidprovider@justice.govt.nz with ‘Limited approval – Provider’ in the subject line. If you intend to print this form out for filling in or signing, please scan and email a pdf back to us. S...
...defect before disclosing such to others and, if the client does not agree to this disclosure, the licensee is to cease to act pursuant to Rule 10.8. [26] Mr Rea submits that, furthermore, it would be contrary to the purpose of Rule 10.7, which is the protection of customers, for disclosure of an adverse methamphetamine test to be delayed pending receipt of confirmation of such disclosure from a vendor. He noted that Mr N Powell of Forensic & Industrial Science Ltd gave evidence that...
...That advice may have been provided forcefully. It may also be the case that Client S’s son, being in custody, felt pressured to accept the proposal, as it appeared the only way to get out of custody more or less immediately. [33] I have read carefully Client S’s son’s account of this series of events which he wrote in support of the Law Society complaint and is dated 10 October 2008. I place considerable weight on it. While he maintains his innocence in that letter and indica...
...Concerning the disparaging remarks issue the decision of the Standards Committee is confirmed. Orders [1] In giving consideration as to whether it is appropriate to order a penalty, it is to be noted that the function of the disciplinary process is protective, not punitive.40 In these particular circumstances, other than the public interest in lawyers maintaining professional standards and ensuring compliance with the rules, no broader issues of consumer protection or public welfa...
...context of the breakdown of the employment relationship between Mrs CA and Mr BE’s client; 4 (d) Mr BE’s language and assertions were undoubtedly a reflection of the state of affairs between the parties; (e) Ms C’s instructions were protected by legal privilege and the Committee cannot go behind that to assess them; and (f) no other ancillary issues raised by Mrs CA raised professional conduct issues. Application for review [14] Mrs CA filed an application for review...