Search Results

1. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

   ...with the Lawyers and Conveyancers Act (Trust Account) Regulations 2008, because those Regulations only apply to funds held in trust accounts. [74] Neither of those conclusions sits comfortably with the wording of Rule 9.3, or the purposes of consumer protection and maintenance of public confidence in the provision of legal services set out in the Act.51 Trust Account Regulations 9 and 10 Nor do they engender compliance with minimum standards set out in the Rules that preclude c...

2. LCRO 210/2018 RF v TG (27 August 2020) [pdf, 231 KB]

   ...charge, was determined by the strict contractual rights and obligations specified in the letter of engagement. [127] The purpose of the Act includes the maintenance of public confidence in the provision of legal services,17 and the protection of consumers of legal services.18 [128] Important to the consumer protection objectives, is the guidance the Conduct Rules provide when assessing the reasonableness of a fee charged by a practitioner. [129] Importantly, a lawyer must not charge...

3. LCRO 123/2019 & 124/2019 MC v QK and QK v MC (3 March 2020) [pdf, 199 KB]

   ...interests to the exclusion of the interests of third parties; and (f) submissions filed by Mr MC’s counsel in response to the complaints, give indication that there was an acceptance by Mr MC, to some extent, that his conduct had fallen short. [21] Consequential upon its finding of unsatisfactory conduct, the Committee made orders that Mr MC be censured, pay a fine, and contribute to the costs and expenses of the conduct enquiry. Applications for review [22] Mr MC filed an app...

4. ENV-2016-AKL-000201 Progressive Enterprises Limited v Auckland Council [pdf, 4.2 MB]

   ...seeks that the minimum parking rates for retail and commercial services in the Metropolitan Centre, Town Centre, Local Centre and Mixed Use zones in the Panel's Recommendation be included in the Unitary Plan. 21. Progressive also seeks such consequential or related relief as may be necessary to give effect to its concerns. Service 22. An electronic copy of this notice is being served today by email on the Auckland Council at unitaryplan@aucklandcouncil.govt.nz. Waivers and dire...

5. BG v HL LCRO 71/2013 [pdf, 221 KB]

   ...Committee decision, and to make an unsatisfactory conduct finding. In arriving at that view, I have reached firm conclusion that Ms HL would benefit from a direction that she receive guidance from a senior practitioner. A consideration of the consumer protection objectives and the role of the disciplinary process in the maintaining of professional standards, were to the forefront when deciding to conclude the review. [34] Whilst attempts to negotiate settlement of a complaint are...

6. Worker-Exploitation-in-NZ-Enforcement-and-Commentary-Paper.pdf [pdf, 313 KB]

   ...attention from both the media and Government. Domestically, allegations of worker exploitation have dominated recent headlines with coverage on Gloriavale workers and horticultural RSE workers. Reports also continue to shine light on companies selling consumer products with modern slavery involved somewhere on their supply chains. This paper focuses on Aotearoa New Zealand’s response to domestic worker exploitation, but it also touches briefly on our broader response to modern sl...

7. LCRO 143/2020 TJ v YY (16 December 2021) [pdf, 230 KB]

   ...The decision by Mr OW to initially transfer a 50% interest in the home in which he and 10 Ms YY had resided for a number of years, did no more than reflect the reality that Ms YY would likely have acquired a significant interest in the home, consequential upon her and Mr OW having lived together for so many years in a de facto relationship. [49] Mr OW’s decision to transfer his interest in the family home to Ms YY in November 2014, just weeks prior to his death, cannot in my vie...

8. LCRO 13/2021 ZW v HN (25 November 2021) [pdf, 250 KB]

   ...This would require him to particularise the specific conduct and circumstances which would establish and support Mr HN’s contention that his rights had been breached. [98] The work involved in laying this foundation would be significant and time consuming. But Mr ZW had the benefit, as he himself acknowledges, of a client who was experienced and proficient in arguing for prisoners’ rights. This was not the first occasion Mr HN had challenged the Corrections Department. He was a...

9. Patel v Dean [2020] NZHRRT 37 [pdf, 237 KB]

   ...prescriptive. [60] The evidence provided by Mr Patel and corroborated by Mr Reeve, confirms that Mr Patel has experienced humiliation and injury to feelings. The Tribunal was provided with clear and direct evidence of the immense stress, anxiety and all-consuming worry that Mr Patel experienced when Mr Dean would not provide his file. In particular: [60.1] Mr Patel stated that after the notice of sale of his properties was advertised, he received a phone call from a builder working fo...

10. LCRO 58/2021 EW v YL (29 October 2021) [pdf, 187 KB]

    ...transaction to proceed; and (e) she had been invoiced by Mr YL for his attendance at a meeting at her home which had been convened to discuss her daughter’s conduct; and (f) Mr YL had failed to advise her of the steps that could be taken consequential on her discovering that her daughter had forged her signature; and (g) she has suffered considerable stress and anxiety and her health has been adversely affected; and (h) she had incurred considerable financial loss as a conse...