Hooker v Auckland Standards Committee 1

[2020] NZHC 2970

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-598

[2020] NZHC 2970

UNDER

The Lawyers and Conveyors Act 2006

IN THE MATTER

Of an appeal against decisions of the New Zealand Lawyers and Conveyancers

Disciplinary Tribunal on penalty and costs

BETWEEN

RODNEY JAMES HOOKER

Appellant

AND

AUCKLAND STANDARDS COMMITTEE 1

Respondent

Hearing:

1 July 2020

Appearances:

A F Pilditch for the Appellant

R M A McCoubrey and E A M Mok for the Respondent

Judgment:

12 November 2020

JUDGMENT OF GWYN J

(as to date suspension commences)

[1]                  In my judgment of 29 September 2020, I dismissed Mr Hooker’s appeal against two decisions of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (Tribunal):

(a)First, the Tribunal’s decision dated 18 March 2020,1 (the penalty decision) imposing a penalty of three months’ suspension from practice as a barrister or as a solicitor, or as both, in respect of its finding of 3 May 2018 that Mr Hooker was guilty of misconduct for

1      Auckland Standards Committee 1 v Hooker [2020] NZLCDT 10 [Penalty Decision].

HOOKER v AUCKLAND STANDARDS COMMITTEE 1 [2020] NZHC 2970 [12 November 2020]

engaging in disgraceful or dishonourable conduct under s 7(1)(a)(i) of the Lawyers and Conveyancers Act 2006 (the Act).2

(b)Second, the Tribunal’s costs decision dated 29 May 2020, which ordered Mr Hooker to pay the Standards Committee’s full costs of

$63,675.80 (excluding GST) (the costs decision).3

[2]                  In my judgment4 I stayed the commencement of the period of suspension until I had received a memorandum from Mr Hooker addressing matters of timing of the start of the suspension, having regard to his trial schedule and the impact on his clients.

[3]                  Mr Hooker has now filed a memorandum which updates the schedule of fixtures which was appended to his submissions on the appeal. Counsel for Mr Hooker submits that the starting date of the suspension, based on the schedule, is best set at 19 December 2020. That date would allow him to undertake steps in several significant client matters, where, he says, the choice of Mr Hooker as counsel is of considerable importance to the client.

[4]                  The reality is that, whenever the suspension runs, it will almost inevitably cause a degree of inconvenience to Mr Hooker’s clients. Having regard to the overall circumstances I order that the penalty of three months’ suspension from practice as a barrister or as a solicitor, or as both, is to take effect from 19 December 2020.

Gwyn J

Solicitors/counsel:

Meredith Connell, Auckland

Vallant Hooker & Partners, Auckland Richmond Chambers, Auckland

2      Auckland Standards Committee 1 v Hooker [2018] NZLCDT 15 [Liability Decision].

3      Auckland Standards Committee 1 v Hooker [2020] NZLCDT 15 [Costs Decision].

4      Hooker v Auckland Standards Committee [2020] NZHC 2547 at [59].