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1. Milne v Lodge [2010] NZWHT Wellington 3 [pdf, 221 KB]

   .......................................................................................................... 17 Summary of Quantum ................................................................................... 17 DO HAYDN LODGE OR DEBRA LODGE-SCHNELLENBERG OWE THE MILNES A DUTY OF CARE, AND IF SO, HAVE THEY BREACHED THAT DUTY OF CARE? ................................................................................................................. 17 SUMMARY OF AWARD .........................

2. MOJ0587_OCT21_web.pdf [pdf, 73 KB]

   ...information. Reasons for compulsory mental health assessment and treatment The Act sets out the reasons a person may be ordered to have a compulsory psychiatric assessment and treatment. The law aims to ensure that both vulnerable people and the public are protected from harm. The term “mental disorder” is a legal definition, not a medical one. It covers more than just mental illness. Legally, a mental disorder means an abnormal state of mind that: • poses a serious danger to th...

3. LCRO 212/2016 LMN Law v HR [pdf, 252 KB]

   ...Mr LM refused to accept Ms HR’s undertaking and followed the directive in Guideline 2.55, which provides: A lawyer should not seek, accept or need to rely on an undertaking from a non- lawyer. The paramount concern for the lawyer must be the protection of the interests of the client concerned. Undertakings given by lawyers can be and are enforced by a Court under its inherent jurisdiction arising from the fact that lawyers are officers of the Court. Conveyancing practitioners are n...

4. LCRO 212/2016 LM v HR (22 September 2017) [pdf, 266 KB]

   ...Mr LM refused to accept Ms HR’s undertaking and followed the directive in Guideline 2.55, which provides: A lawyer should not seek, accept or need to rely on an undertaking from a non- lawyer. The paramount concern for the lawyer must be the protection of the interests of the client concerned. Undertakings given by lawyers can be and are enforced by a Court under its inherent jurisdiction arising from the fact that lawyers are officers of the Court. Conveyancing practitioners are n...

5. Auckland Standards Committee 5 and Southland Standards Committee v Taia [2022] NZLCDT 17 (9 June 2022) [pdf, 244 KB]

   ...services.18 [22] The Standards Committee seeks an order striking off the practitioner, the most severe penalty order. We are obliged to consider the least restrictive outcome. The correct approach is described in Daniels:19 Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate resp...

6. DA v EB LCRO 7/2013 (3 December 2014) - Penalty and Costs [pdf, 62 KB]

   ...August 2014 in which findings of unsatisfactory conduct were made against Ms DA pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 (the Act) in respect of six breaches of the Act, the Trust Accounts Regulations, and the Conduct and Client Care Rules made under the Act. [2] Ms DA was ordered to cancel her fees to Ms EB, and refund $2,117.24, which she and Ms EB say she has done. [3] Both parties were invited to tender submissions with respect to penalty orders and costs...

7. [2025] NZREADT 26 - EC & KN v CAC 2204 & ST (18 July 2025) [pdf, 308 KB]

   ...and groceries with his EFTPOS card. His car was never entered into her name. She denied having any involvement in the vendor’s will changes and was not present at any legal meetings involving his will. [27] The second respondent said she cared for the vendor as a friend and only wanted the best possible outcome for him. [28] A statement was also provided to the Authority investigator by the hospital social worker, NJ on 10 April 2024.3 [29] NJ said that she received a social...

8. MOJ0614_SEP21_WEB.pdf [pdf, 73 KB]

   Responding to a Protection Order For people responding to a Protection Order (or an application for a Protection Order) made against them You might have been served with (given) a Protection Order or been told someone (the applicant) has applied for a Protection Order against you. If you’ve been served with a temporary Protection Order, it means the Court decided it was urgently needed by the person who applied, to protect them from family violence. You must keep to the Protection Orde...

9. LCRO 26/2019 ET v CG (29 January 2021) [pdf, 194 KB]

   ...[1] Mr ET has applied for a review of the determination by [AREA] Standards Committee [X] to take no further action in respect of his complaint about Mr CG. Background [2] Mr ET had separated from his former partner, Ms YO. [3] A temporary Protection Order had been issued by the court against Ms YO, which, inter alia, stipulated that “… she must not … without the protected person’s express consent, enter or remain on any land or building occupied by any protected person...

10. Flewitt v New Zealand Law Society [2014] NZLCDT 64 [pdf, 43 KB]

    ...restore his professional practice and function an admirable goal in his recovery overall. In these terms I find no medial [sic] or psychiatric or psychological impediment to him functioning to his legal qualification. Prognostically, he seems very well protected by his motivation principally, his loving and stable relationship with Jackie and their children, his healthy lifestyle and a general attunement and vocational achievement in addictions care.” [22] In relation to the offending...