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1. AR v ZE LCRO 83/2012 (6 May 2016) [pdf, 109 KB]

   ...that a complaint is dealt with promptly and fairly”. [20] In her response to the complaint Ms ZE advises that Mr AR “came into our office shouting and yelling how bad [the firm’s] service was”.4 [21] The preface to the Conduct and Client Care Rules states “Whatever legal services your lawyer is providing, he or she must … let you know how to make a complaint and deal with any complaint promptly and fairly”. She says she apologised for the error and explained why the fee...

2. Auckland Standards Committee v Yee [2015] NZLCDT 22 [pdf, 86 KB]

   ...the part of a lawyer, particularly when this involves the misuse of funds held on behalf of clients. [3] The solicitors trust account has long been regarded as “sacrosanct”.1 [4] The purpose of disciplinary proceedings are primarily for the protection of the public. “Closely allied to the protective object, professional discipline also aims to safeguard the reputation of the profession, which is more important than the fortunes of any individual member”. Dealing with it...

3. LCRO 13/2015 UP v HQ (19 June 2018) [pdf, 174 KB]

   ...to be treated equally with our shareholders and he gave us no advice whatsoever during this process”. [34] It was not Mr HQ’s role to promote the interests of Mr and Mrs UP or provide them with advice. He was acting for Mr and Mrs WB. Protection of confidential information [35] All information within Mr HQ’s knowledge relating to matters involving the UPs and the WBs, was information known to all parties. There was no potential for Mr HQ to breach any duty of confidentia...

4. LCRO 104/2020 LN v RT (30 September 2020) [pdf, 127 KB]

   ...disclosed, and that to the best of my knowledge, every affidavit filed with this application discloses all relevant circumstances; and 3. I am satisfied: (i) that the application and every affidavit filed with it complies with the requirements of the Care of Child Act 2004 and the Family Courts Rules 2002; and (ii) on reasonable grounds that the Order being sought falls within the grounds on which an Order can be made. [3] Although Mr LN said he had quite a number of other objectio...

5. Family Court Rewrite Submission - Isabel Aldiss [pdf, 149 KB]

   ...comprehensive literature review of CIP. We need a culturally responsive process if children are to be included in mediation. Caution is needed when involving children in the FDR process because of their vulnerability. FairWay has implemented child protection policies for all its staff and contractors. FairWay FDR process is child responsive process and is focused on child safety. This child inclusive mediation process is created by the exploration of the child’s life and the generat...

6. BU v YA LCRO 153 / 2010 (21 April 2011) [pdf, 90 KB]

   ...damages in excess of $200,000.” [15] He alleges that this is a breach of “s11.1” being misleading or deceptive conduct, by which I take it that he is referring to Rule 11.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Client Care Rules). Rule 11.1 of the Client Care Rules provides that - “A lawyer must not engage in conduct that is misleading or deceptive or likely to mislead or deceive anyone on any aspect of the lawyer’s practice.�€...

7. HB v JD LCRO 311/2013 (17 December 2014) [pdf, 186 KB]

   ...of any regulations or practice rules made under [it] ...”. The conduct must “occur at a time when [the lawyer complained about] is providing regulated services”. [5] The rule HB alleged was breached is rule 10.7 of the Conduct and Client Care Rules1 which requires: A lawyer who, acting in a professional capacity, instructs another lawyer, must pay the other lawyer’s account promptly and in full unless agreement to the contrary is reached, or the fee is promptly disputed thr...

8. [2018] NZEnvC 109 V T Taueki v Horowhenua District Council [pdf, 796 KB]

   ...opinion of the court,- contravenes or is likely to contravene this Act, any regulations, a rule in a plan, a rule in a proposed plan, a requirement for a designation or for a heritage order, or a resource consent, section 10 (certain existing uses protected), or section 20A (certain existing lawful activities allowed); ... She explained that Ms Taueki's application contained two limbs. The first was protection of an archaeological site. The second was protection of sites of inte...

9. [2022] NZIACDT 18 - TQ v Gibson (25 July 2022) [pdf, 209 KB]

   ...party has sought an oral hearing. ASSESSMENT [35] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. File management 26. A licensed immigration adviser must: … 2 Immigration Advisers Licensing Act 2007, s 45(2) & (3). 3 Section 49(3) & (4). 4 Sparks v Immigration Advisers Complaints and Disciplinar...

10. [2021] NZIACDT 20 – HT v Shaikh (27 August 2021) [pdf, 235 KB]

    ...instructions to the last minute. It was acknowledged though that Mr Shaikh accepted the instructions knowing of the urgency. The complainant’s possible tardiness was not a defence to Mr Shaikh’s obligation under cl 1 to exercise diligence and due care. [28] The complainant also contributed to the problem by sending the document in the wrong format. Another unfortunate error by him was that he emailed the correct document only to a staff member (who had telephoned him earlie...