DG v TM [2019] NZLCRO 40 (29 March 2019)

Last Updated: 3 May 2019

	LCRO 204/2018
CONCERNING	an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006
AND
CONCERNING	a determination of [Area] SC [X]
BETWEEN	DG Applicant
AND	TM Respondent

DECISION

The names and identifying details of the parties in this decision have been changed.

[1] On 24 September 2018 [Area] SC [X] (the Committee) determined to take no further action with regard to Mrs DG’s complaints for two reasons:

• (a) section 351(2) of the Lawyers and Conveyancers Act 2006 (the Act) provides that no person is entitled to make a complaint about conduct that occurred more than six years prior to the commencement of the Act. The Act commenced on 1 August 2008. The conduct complained of occurred more than six years prior to that date; and
  
• (b) Mrs DG had previously made a complaint to the Lawyers Complaints Service about the same matters.
  

[2] Mrs DG has applied for a review of the Committee’s determination. In her application for review, Mrs DG said:

I have every statement from 1962 to 2018. I have every TM paper.

[3] The material provided to the Committee and on review consists of copies of various items, such as receipts for payments of money, real estate agents’ business cards, advertisements of properties for sale and numerous miscellaneous items. All of the material provided has brief notes in handwriting on them, presumably handwritten by Mrs DG. The material provided comprises nothing more than unsupported assertions by the person who has made the handwritten comments.

[4] Mrs DG had applied to this Office for a review of the Committee’s previous decision in 2010 to take no further action in respect of those complaints. She had requested a hearing in person, which took place on 2 November 2010. The Review Officer confirmed the Committee’s decision to take no further action.

[5] The matters Mrs DG complains about have now been scrutinised twice by the Lawyers Complaints Service and this Office.

[6] On 21 January 2019 LCRO delegate, Mr Vaughan, wrote to Mrs DG and invited her to withdraw her application for review for the reason there was no jurisdiction for the complaint to be considered.

[7] No response was received from Mrs DG.

[8] On 13 March 2019 Mr Vaughan wrote again to Mrs DG advising her that it was intended to complete this review on the material to hand and invited her comments on this proposal by no later than 27 March 2019.

[9] No response was received.

[10] Accordingly, pursuant to s 206(2) of the Act I have determined that this review can be adequately completed on the material to hand, referred to in the Act as being determined “on the papers”.

Decision

[11] The Committee is correct. There is no jurisdiction to consider Mrs DG’s complaints because the conduct complained about occurred prior to August 2002. The regulated services that can be identified as having been provided by Mr TM were provided in 1987 and 1989. None of the material provided by Mrs DG can be related to regulated services provided by Mr TM after 1 August 2002.

[12] The Committee’s other reason for declining to take any further action is also relevant.

[13] Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the determination of the Standards Committee to take no further action in respect of Mrs DG’s complaints is confirmed.

DATED this 29th day of March 2019

D Thresher

Legal Complaints Review Officer

In accordance with s 213 of the Lawyers and Conveyancers Act 2006 copies of this decision are to be provided to:

Mrs DG as the Applicant Mr TM as the Respondent [Area] SC [X]

New Zealand Law Society