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Speaker: Confidential information: the legal rights and wrongs

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  • Felix Geiringer,

    Jordan Williams was a lawyer. When did he hand in his practising certificate? Was it before or after he is alleged to have conspired to blackmail someone? The book suggests that Mr Williams did a number of other things that I would have thought ought to be of concern to the NZLS if he was still a lawyer when he did them - or if he ever wants to become a lawyer again.

    And then there is this:
    https://www.lawsociety.org.nz/for-the-community/search-register-of-lawyers/lawyer-details?pi=MTY0Mzc=

    New Zealand • Since Aug 2014 • 15 posts Report Reply

  • Bart Janssen, in reply to Keir Leslie,

    but some professions are bound by their codes of conduct as tightly as any law,

    From memory there are actually only two remaining professional societies, as they were originally created. They were given special rights from the Crown to adjudicate their own membership. Providing they met certain standards they would be exempt form some legal processes and instead discipline their own members and administer their members right to practice their profession.

    The legal profession and the medical profession are the two remaining.

    The common usage of the term indicates some sort of educational standard but grants no special legal rights. Hence real estate professional can be anything but in their behaviour with no real consequence, by contrast, legal and medical professionals really do have standards they must meet or they cannot practice.

    Auckland • Since Nov 2006 • 4451 posts Report Reply

  • Matthew Poole, in reply to Bart Janssen,

    real estate professional can be anything but in their behaviour with no real consequence

    You're speaking, I presume, of their behaviour other than as it relates to their practice of their profession? Because the consequences for misbehaviour in the carrying on of their profession very definitely extend to losing their licence; and look at what doctors get away with professionally without loss of licence before you suggest that it's only real estate professionals that are only notionally at risk of such punishment.

    Auckland • Since Mar 2007 • 4097 posts Report Reply

  • pneumeric,

    It strikes me that maybe section 249 of the crimes act is possibly relevant to this incident if 252 is not.

    249Accessing computer system for dishonest purpose
    (1)Every one is liable to imprisonment for a term not exceeding 7 years who, directly or indirectly, accesses any computer system and thereby, dishonestly or by deception, and without claim of right,—
    (a)obtains any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
    (b)causes loss to any other person.
    (2)Every one is liable to imprisonment for a term not exceeding 5 years who, directly or indirectly, accesses any computer system with intent, dishonestly or by deception, and without claim of right,—
    (a)to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
    (b)to cause loss to any other person.
    (3)In this section, deception has the same meaning as in section 240(2).

    Wellington • Since Jul 2010 • 8 posts Report Reply

  • Steve-F,

    @pneumeric
    249(2)Every one is liable to imprisonment for a term not exceeding 5 years who, directly or indirectly, accesses any computer system with intent, dishonestly or by deception, and without claim of right,—

    If all else fails one can take a page out of the Waihopai Ploughshares book and pursue a claim of right defence……Should work given what I have read in the book. He need not be afraid of a follow u,p civil suit. That has ended up on the scrap heap and it was funded by the government.

    Since Aug 2014 • 1 posts Report Reply

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