1LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2020] NZLCRO 111 Ref: LCRO 97/2019 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee X BETWEEN DH Applicant AND MB Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Ms DH...
...not disclosing her appraisal to the general club membership, then the Complaints Assessment Committee’s decision should stand on this point. Conflicts of Interest and Use of (Licensee’s) Position (at club) to Convince Members to Sell [30] Section 136 of the Act provides; “136 Disclosure of other benefits that licensee stands to gain from transaction (1) A licensee who carries out real estate agency work in respect of a transaction must disclose in writing to every prospecti...
...prepared a contingency bid for Budget 2018 to ensure funding is available to establish a CCRC within this timeframe. Further detail on the financial implications of the CCRC is provided below. Relevant considerations in the design of the CCRC 11. This section examines the objectives and relevant considerations in establishing a CCRC that inform its design. Enhancing public confidence should be the key design consideration 12. Every miscarriage of justice has the potential to undermin...
LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2022] NZLCRO 041 Ref: LCRO 173/2021 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee X BETWEEN KC Applicant AND TG Respondent The names and identifying details of the parties in this decision have been changed DECISION Introduction [1] Mr KC has app...
...example, to replace an employee on parental leave or long term accident or sickness. There is no expectation of ongoing employment. Temporary agreements must not be used to deny staff security of employment. [36] It may be seen that the definition section did not attempt to define what has been called a “permanent” employee, probably more correctly in law, an employee of indefinite duration. It is possible, however, to discern and infer a definition of a permanent employee by p...
...focus, the issues of punishment and deterrence must also be taken into account in selecting the appropriate penalty.6 4 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citations omitted). 5 Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) at 724–725 & 727; Z v Dental Complaints Assessment Committee, above n 4, at [151]. 6 Patel v Complaints Assessment Committee HC Auc...
...may have that effect, but to ensure that appropriate standards of conduct are maintained in the occupation concerned. 3 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citations omitted). 9 … The purpose of disciplinary proceedings is materially different to that of a criminal trial. It is to ascertain whether a practitioner has met appropriate standards of conduct in the occup...
...disciplinary proceedings is to protect the public who may come to a practitioner and to maintain the high standards and good reputation of an honourable profession. 3 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citations omitted). 10 [50] Professional conduct schemes, with their attached compliance regimes, exist to maintain high standards of propriety and professional conduct not just for the public good, but also to...
...74 (189 WAR 74). 5 Ibid, at [153]. 6 Richard John Butler is commonly known as ‘John Butler’. We refer to him as John Butler in this decision. 7 2018 Māori Appellate Court MB 558-603 (2018 APPEAL 558-603). 2020 Māori Appellate Court 128 second appellants we found that the they had failed to properly manage conflicts of interest concerning the payment of $40,000.00 to Robyn Power and the advance of $50,000.00 to ECL.8 [6] On the question of whether the trustees we...
...the public and the profession is the focus, the issues of punishment and deterrence must also be taken into account in selecting the appropriate penalty.11 9 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 10 Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) at 724–725 and 727; Bolton v Law Society [1994] 2 All ER 486 (EWCA) at 492; and Z, above n 9, at [151]. 11 Patel v Complaints Assessment Committee HC Auckland CI...