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1. [2012] NZLCDT 14 Auckland Standards Committee v ABC [pdf, 181 KB]

   ...Lawyers and Conveyancers Act 2006 should also take into account the purposes of the Act as set out in s 3. Specifically, the Lawyers and Conveyancers Act is intended to maintain public confidence in the provision of legal services, to protect consumers of those services, and to recognise the status of the legal profession. [48] In S v Wellington District Law Society the Full Court reflected this when it said:8 “...whether the tribunal or Court, or on appeal this Court, sh...

2. [2021] NZIACDT 3 - DY v Parker (25 February 2021) [pdf, 219 KB]

   ...fine would be appropriate. In the circumstances, that could be towards the lower end of the possible range. One of the key objectives of upholding professional discipline has been met as Mr Parker acknowledged his central error of judgement and consequentially amended the management of his practice following receipt of the first complaint against him in 2019. [24] Mr Moses points out that while the total fees agreed were $40,000, only $10,000 was paid. The work of preparing a...

3. Robinson v CAC 20006 & Wagner [2014] NZREADT 57 [pdf, 62 KB]

   ...January 2013. As a result, further documentation was required by way of the s.85 notice. [32] In Graves v REAA [2012] NZREADT 66 we confirmed that because of the broader principles set out in the Act “to promote and protect the interests of consumers in respect of transactions that relate to real estate and promote public confidence in the performance of real estate agency work, complaint forms should not be construed too narrowly”. We continued: “[46] ... We do not regard the...

4. Hawkes Bay Standards Committee v Clarkson [2012] NZLCDT 37 [pdf, 73 KB]

   ...Clarkson’s conduct occurred at a time when the Lawyers and Conveyancers Act 2006 was in force, the proceedings were commenced and investigated under that Act, and charges were laid under that Act. The failure to perform the various requirements, and consequential breaches of orders and obligations by Ms Clarkson, has no status as an incomplete transitional matter which would require the continued application of the Law Practitioners Act 1982. [25] The proceedings against Ms...

5. [2020] NZIACDT 50 - KX v Ji (2 December 2020) [pdf, 225 KB]

   ...reasonable compensation to the complainant or other person. [32] In determining the appropriate sanction, it is relevant to note the purpose of the Act: 3 Purpose and scheme of Act The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice. [33] The focus of professional disciplinary proceed...

6. LCRO 229/2017 and 021/2018 VL v YN (8 May 2019) [pdf, 257 KB]

   ...standard established by s 12(a) of the Act. Decision [60] Although for different reasons, pursuant to s 211(1) of the Lawyers and Conveyancers Act 2006 the finding that there has been unsatisfactory conduct on the part of Ms VL is confirmed. Consequential Orders Compensation [61] The Committee ordered Ms VL to pay Mr and Mrs YN the sum of $18,337 by way of compensation. The amount of $337 is clearly identifiable as being the cost of the LIM report obtained by Mr and Mrs YN...

7. KY v DZ LCRO 174/2015 (25 October 2016) [pdf, 76 KB]

   ...with Mr KY with integrity, respect, and courtesy. [46] Those questions are considered within the framework of the Act and in light of its purposes, which include maintaining public confidence in the provision of legal services, and protecting consumers of legal services. The Act sets out the fundamental obligations of lawyers, who must, in the course of their practice, comply with the obligations set out in s 4 of the Act. Those include obligations to uphold the rule of law, faci...

8. LCRO 103/2021 & LCRO 58/2022, LCRO 104/2021 and LCRO 105/2021 GS v ABC Ltd & HY, [Law Firm A] v ABC Ltd & HY and SW v [Area] Standards Committee [X] (24 November 2022) [pdf, 595 KB]

   ...provide Ms HY with competent advice, did that failing merit or require the unsatisfactory conduct findings? (g) If the Committee was correct to conclude that the lawyers’ conduct constituted unsatisfactory conduct, were the penalties imposed consequential on those findings appropriate? Analysis Should Mr PR’s opinion be accepted into evidence, and if so, what weight should properly be accorded that evidence [60] Shortly prior to the review hearing proceeding, Mr KZ filed an...

9. LCRO 177/2021 FA v LL (14 March 2022) [pdf, 238 KB]

   ...mind of course that the test in r 8.7.1 includes the very low threshold of “more than negligible risk” of disclosure. 14 [76] However, by adopting that course I am depriving the parties of a first-instance inquiry by a Committee with the consequential and relatively benign review rights to this Office. [77] If I was to deal with the breach of duty issue, that would effectively amount to a first-instance consideration of it, from which the only remedy lies in judicial revie...

10. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

    ...that the claim was now the amount reported as the cost of repairs by the assessor, namely $83,437.00. [78] On 21 February the claimant then added a sum of $84,896.00 to the claim for ‘full repair costs’, $80,000.00 for diminution in value, consequential losses of $24,080.87 and remedial work of $55,455.83. [79] Later on 21 February 2008 the claimant adjusted its claim to $168,333.00. The Damage [80] The experts appointed by the parties met and agreed to the follow...