New Zealand Case Law: Decisions & Judgments

Topic

Certificate of standing

Legal area

Court

16 Sept 2019

MCGUIRE v NEW ZEALAND LAW SOCIETY [2019] NZCA 433

Citation

[2019] NZCA 433
Court

Court of Appeal

Regulation 5(1)(b) does not preclude the New Zealand Law Society from including reference to open or outstanding complaints in certificates of standing; given the statutory scheme and protective purpose of the Legal Services Act and associated regulations, the Society was entitled to include such information and there was no arguable statutory or contractual duty to provide certificates omitting open complaints, so summary judgment for the Society was properly entered and the appellant's cross-application failed.
31 Jan 2019

MCGUIRE v SECRETARY FOR JUSTICE [2019] NZHC 42

Citation

[2019] NZHC 42
Court

High Court

The Secretary lawfully declined the applicant's Criminal PAL 1 approval because the applicant did not meet the regulatory definition of 'recent experience' and the Secretary was not satisfied he had the requisite current knowledge and skill to justify waiving that requirement; the Selection Committee was properly constituted and its recommendation lawful; the Law Society's certificate of standing accurately reflected the position as at its issue and did not invalidate the Secretary's decision; judicial review dismissed.
8 May 2018

MCGUIRE v NEW ZEALAND LAW SOCIETY [2018] NZHC 983

Citation

[2018] NZHC 983
Court

High Court

The Court held that the Regulations did not require the Law Society to exclude reference to open or unresolved complaints from certificates of standing; therefore the Society owed no statutory or contractual duty to provide certificates omitting open complaints and there was no tenable cause of action, so judgment entered for the defendant.

New Zealand Case Law

MCGUIRE v NEW ZEALAND LAW SOCIETY [2019] NZCA 433

MCGUIRE v SECRETARY FOR JUSTICE [2019] NZHC 42

MCGUIRE v NEW ZEALAND LAW SOCIETY [2018] NZHC 983