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1. FS v UR LCRO 247 / 2010 (12 October 2011) [pdf, 95 KB]

   ...Practitioner was subsequently amended to identify the complaints as involving excessive charges and the failure to provide a letter of engagement. The notification letter referred the Practitioner to Chapter 3 of the Rules of Conduct and Client Care, in particular to Rule 3.4 (which required a lawyer to provide a client with information about the client service), and Rule 3.7. which excludes the application of 3 Rule 3.4 where „….the lawyer is instructed by another lawyer...

2. Cations v The Real Estate Agents Authority (CAC 403) [2018] NZREADT 66 [pdf, 244 KB]

   ...to remove the sign, which he did on 27 December 2016. [5] The Committee found that by erecting the sale sign before the Agency Agreement came into effect, Mr Cations breached r 9.6 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), which provides that: Unless authorised by a client, through an agency agreement, a licensee must not offer or market any land or business, including by putting details on any website or by placing a sign o...

3. LCRO 68/2022 YE v AL (23 May 2023) [pdf, 200 KB]

   ...the advice provided to Mr AL when acting for him on the purchase of a property in City A, was unsatisfactory. [2] The Committee found that Mr YE had breached rr 3, 5.3, 6 and 7.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules)1 and that Mr YE had engaged in unsatisfactory conduct as defined by s 12(b) of the Lawyers and Conveyancers Act 2006 (the Act). [3] Mr AL has applied for a review of the Penalty determination issued subsequentl...

4. Complaints Assessment Committee 408 v Colin Boyer [2017] NZREADT 43 [pdf, 199 KB]

   ...were listed on a Century 21 advertisement for 10 Gwenand Place. 11 Ms Anthony also queried Mr Cloete regarding advertisements that had Mr Boyer’s details. Mr Cloete advised her that he was looking after the properties but Mr Boyer would take care of the sales. 12 Mr Cloete ran the open homes for the Gwenand Place properties. 13 Mr Cloete presented an offer for 10 Gwenand Place. 14 Mr Boyer knew that: (A) Mr Cloete had obtained the listings for Gwenand Place. (B) Mr Cloete...

5. Fourth-UPR-Recommendations_FINAL_Redacted-v2.pdf [pdf, 616 KB]

   ...Although our responses to the recommendations are not legally binding, acceptance carries a significant moral and political force. Supporting and implementing a large number of the recommendations will improve our domestic human rights protections and support our reputation as an international leader in the field of human rights. It will also demonstrate New Zealand’s support for the multilateral rules-based system and the importance of open and transparent engageme...

6. Wallace v CAC 20006 & Ors [2014] NZREADT 24 [pdf, 126 KB]

   ...property was sold for $3,650,000 but, to effect settlement, the complainants needed to return the wardrobes to the property. The Committee’s Findings [4] The Committee found: [a] Regarding the wardrobes, that the licensees should have taken more care and confirmed the exclusion or otherwise of the wardrobes, particularly, given they had been put on notice about the uncertain status of the wardrobes at an early stage. The licensees had not attached enough importance to the wardrob...

7. BD v CE on behalf of GI & HJ LCRO 214/2012 (28 November 2014) [pdf, 119 KB]

   ...determinations be published, and that BD be identified as the practitioner who was subject of the complaints. [8] It is clear from the Committee’s decision that the significant factor in its decision to support publication was the perceived protection that publication would provide to the public and the consumers of legal services:1 The Committee had cognisance of the fact that the practitioner had not previously been found to have breached professional standards and of the likel...

8. Johnston & Vining Realty Group Ltd v CAC 20002 & Reid [2013] NZREADT 82 [pdf, 37 KB]

   ...finding of unsatisfactory conduct against the applicant. (ii) the applicant was not found to have acted in bad faith; rather acted very responsibly towards the vendor in this case (refer paragraph [38] of the Tribunal’s decision). Accordingly, protection of the public interest will not be jeopardised by non-publication of the applicant’s name. (iii) the Tribunal imposed an order for costs rather than the more punitive order of a fine against the applicant and Mr Johnston; and (i...

9. Application consent to employ re Hancock [2012] NZLCDT 3 [pdf, 110 KB]

   ...that person by that practitioner or incorporated firm. 3 (4) The matters that the Disciplinary Tribunal must consider in relation to the proposed employment of the person to whom the application relates are as follows: (a) the need to protect both the public and the standing of the profession: (b) the seriousness of the proved offending of that person: (c) any matter relevant to the honesty of that person: (d) the work on which that person will be employed and the ext...

10. Waikato Bay of Plenty Standards Committee 1 van Noort [2024] NZLCDT 33 (17 October 2024) [pdf, 176 KB]

    ...was about [1] Mr van Noort is a now-retired lawyer who held himself out to be an expert in Trusts and means-tested subsidy applications. In February 2020, he was asked to assist the K family in seeking a subsidy for their father’s residential care. The father, TK, had settled a Trust in 2010, but there was very scant record keeping between then and when his children1 sought Mr van Noort’s help. [2] There had been somewhat complicated dealings with TK’s property, including...