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1. Auckland Standards Committee v Clews [2014] NZLCDT 19 [pdf, 91 KB]

   ...practitioner had already breached privilege with his “eagerness” to assist. [24] Mr McCoubrey submitted on behalf of the Standards Committee that this was not to be considered a “simple error”. He submitted that the fundamental nature of the protection of a client’s privilege in relation to his communications with his legal representative means that a breach of such must be far along the continuum of professional misbehaviour. [25] We accept that submission. A client m...

2. Waitangi Tribunal - Interim report on the MV Rena and Motiti Island claims [pdf, 2.2 MB]

   .... . . . . . . . . . 3 2 .2 Crown submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 The duty of active protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 .1 Relevant jurisprudence . . . . . . . . . . . . . . ....

3. Auckland Standards Committee v Banbrook [2014] NZLCDT 37 [pdf, 104 KB]

   ...purposes of a disciplinary hearing the Tribunal could certainly consider context, as established by the practitioner and have regard to any mitigating factors. However, Mr Hodge pointed out that the Summary of Facts was a lengthy, detailed, and careful document agreed after lengthy negotiation between the prosecuting authority and the practitioner at a time when he was being represented by a Queens Counsel. 6 Banbrook v The Queen...

4. LCRO 264/2016 YQ v VG [pdf, 174 KB]

   ...school’s interests were entirely consistent with Ms YQ’s. As mentioned earlier, the employer was responsible to all of its employees, including Ms YQ, and to the school’s students and their parents. Those multilateral obligations required careful management based on sound advice, which in turn relied on a comprehensive grasp of the relevant facts. [33] The materials available on review, including the parties’ presentations at the review hearing, disclose no basis for the...

5. LCRO 59/2016 and 61/2016 DE and QV v Standards Committee (27 September 2018) [pdf, 175 KB]

   ...of various defaults that had occurred, noting in particular the defaults that had occurred in a loan to Mr KP. In addition to the breaches of the Rules referred to, the Committee was satisfied that the practitioners had breached their duty of care to the contributors. [5] The Committee determined that the lawyers’ conduct constituted unsatisfactory conduct in terms of ss 12(a) and (c) of the Lawyers and Conveyancers Act 2006 (the Act) and having made this finding, the Committee...

6. LCRO 60/2016 MO v Standards Committee (27 September 2018) [pdf, 174 KB]

   ...decision) is confirmed: I consider that Standards Committees should insist on strict compliance with the [LNC] Rules. The history of lawyers’ nominee companies has been troubled and the [LNC] Rules have been developed in a prescriptive manner to protect contributors as much as possible. I do not consider that there is any room for the exercise of a discretion in determining whether or not the [LNC] Rules have been breached. A discretion can clearly be exercised when determining pe...

7. Black v Nohotima - Ruatoki A Section 22B No 2C No 3 (2019) 228 Waiariki MB 3 (228 WAR 3) [pdf, 207 KB]

   ...Rangitunoa further noted that there are currently rent arrears on the land of $30,000.00. The land is also leased for grazing, the funds from which are being received by Tokai. [22] Rangitunoa submitted that she would like to see her mother enjoy full, protected, undisturbed occupancy of the house for her lifetime, with the right to upgrade the premises as she wishes, without hindrance from any other. [23] At the hearing, Mr Bidois summarised Anituatua’s position as seeking an oc...

8. LCDT Annual Report 2019 [pdf, 352 KB]

   ...the implications of recent High Court and Court of Appeal decisions on disciplinary issues. New members are inducted with a full review of the governing legislation, procedural rules and court etiquette. Ethical duties of members are also carefully outlined. Administration The Tribunal’s Case Manager, Ms Susan Knight has continued to efficiently co-ordinate all of the administration including the complex task of organising 5-member hearings, at various hearing venues...

9. LCRO 205/2016 EK v IQ (15 October 2018) [pdf, 169 KB]

   ...said to have worked without instructions, is underpinned by a more general argument that permeates Mr EK’s written submissions, where he suggests, in more general terms, that Mr IQ had embarked on work that was not required of him. [71] In carefully reviewing the correspondence relating to the transaction, I am satisfied that Mr IQ received instructions from Mr EK to act for Mr EK on what was a 11 significant purchase, and that the steps taken by Mr IQ were consistent with, an...

10. LCDT Annual Report 2022 [pdf, 435 KB]

    ...the implications of recent High Court and Court of Appeal decisions on disciplinary issues. New members are inducted with a full review of the governing legislation, procedural rules and court etiquette. Ethical duties of members are also carefully outlined, as are evidential rules and the rules underlying natural justice. Administration The Tribunal’s Case Manager, Ms Susan Knight has continued to efficiently co-ordinate all of the administration including the co...