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1. Hull v CAC307 & Anor [2016] NZREADT 13 [pdf, 208 KB]

   ...DECISION OF THE TRIBUNAL Introduction [1] This appeal is about a real estate agent deleting an addition to a transaction document when that addition had been added by a vendor’s solicitor for the protection of that vendor. However, on careful analysis, we do not think the complaint can be sustained in the particular facts of this case. [2] On 31 July 2014 Mr Shane Herbert (“the complainant and lawyer for vendor”) complained to the Real Estate Agents Authority against Gr

2. IV v DD & Ors LCRO 272/2012 (1 March 2016) [pdf, 81 KB]

   ...Trust Account Regulations. [20] I refer to the content of the Standards Committee determination where necessary subsequently, but record here the Committee’s comments with regard to Mr IV’s authority to deduct fees from Estate funds: 1.3 Having carefully considered the matter the Committee is of the view that Mr IV, as Mrs CC’s lawful attorney, is able to have an implied right to charge her for his services imported into the power of attorney documents. 1.4 Lawyers normally ch...

3. Karena v Allen - Te Koau A (2016) 55 Takitimu MB 148 (55 TKT 148) [pdf, 355 KB]

   ...the strike out application. Mr Calver submits that taking into account ss 222, 237 and 240 of the Act, and in light of the principles, the trustees have failed in their fiduciary duties and in their duty to exercise their discretionary powers carefully, properly and reasonably. The trustees, he argues, have failed to carry out their duties satisfactorily in a number of respects, as detailed in Mr Karena’s affidavit. In particular, the trustees have done virtually nothing to mai

4. LCRO 27/2018 DY v UQ [pdf, 142 KB]

   ...[50] The costs and fines were not unreasonable. [51] Without evidence of Mr DY’s financial position, his request for a reduction cannot be advanced. Summary [52] Having considered all the materials available on review, including Mr GP’s careful presentation at the review hearing on Mr DY’s behalf, there is no good reason to reverse or modify the Committee’s decision. That is confirmed. 12 Costs [53] I have considered ordering Mr DY to pay costs on review pursuan...

5. LCRO 299/2013 DT v GB (23 May 2017) [pdf, 212 KB]

   ...without which the borrowing could not have proceeded. Mrs GB is correct. [18] The actions (or inactions) of a trustee are subject to the scrutiny and supervision of the High Court. In a number of decisions by this Office the LCRO has been careful to ensure that the complaints procedure provided for in the Lawyers and Conveyancers Act 2006 (the Act) is not used as a substitute for Court proceedings.15 For that reason, this decision does not address allegations made by Mrs GB that...

6. LCRO 108/2016 WJ v FM (19 March 2019) [pdf, 146 KB]

   ...informed consent to the lawyer continuing to act for the client and no duties to the consenting clients have been or will be breached. [41] Overarching the rules considered by the Committee, is r 6 itself, which emphasises a lawyer’s obligation to protect the interests of his or her client, to the exclusion of the interest of third parties. [42] In acting for two parties on the same matter, even if the matter is, as was appears to be the case here a seemingly straightforward conve...

7. GZ v Lu [2019] NZIACDT 15 (15 March 2019) [pdf, 146 KB]

   ...the complainant and by assisting her to respond to Immigration New Zealand’s letter. These mistakes were isolated and not part of a wider provision of immigration advice to the complainant or other clients. The Headsun staff had now reflected carefully on what had happened. [30] Counsel stated that Mr Lu now acknowledged that on one occasion he did check and make minor grammatical suggestions to the contents of the complainant’s 7 proposed letter in response to Immigratio...

8. ASC annual report 2019 [pdf, 1.2 MB]

   ...considerations the ASC felt important when making changes to abortion legislation. The ALC will report back to the House by 8 February 2020. The ASC is working closely with Ministry of Justice and Ministry of Health officials to assist with healthcare delivery planning and new legislation. CERTIFYING CONSULTANTS & OPERATING DOCTORS The ASC has received a higher number of applications to be appointed as a certifying consultant from doctors all over New Zealand. The ASC is encou...

9. LCDT Annual Report 2023 [pdf, 471 KB]

   ...height of the Covid 19 pandemic, but are planned to resume later this year. New members are inducted by the chairperson, 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 com...

10. Auckland Standards Committee v Davidson [2012] NZLCDT 35 [pdf, 119 KB]

    ...to complex facts. Nor does the difficulty only arise from the tragedy of the situation, both for all of those investors who suffered from the collapse of the companies or to the practitioner in facing these charges at the end of a distinguished career. The difficulty arises most acutely when the Tribunal has to assess the viewpoint of a reasonable person, informed of the surrounding circumstances. It transpires that the reasonable perspective in question, which will be discussed...