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Terms of Engagement

Thank you for getting in touch.

 

How we work

Guardianz specialises in the niche field of animal law, drawing on years of veterinary-legal experience.

 

Animal law is a complex web of legislation, regulations, codes, and criteria with links to wider political, trade, and economic agendas. Guardianz clients benefit from a proven multidisciplinary network of experts, where deep knowledge, accurate understanding, and frontline insights often make a critical difference to outcomes involving money and much more.

 

Smart steps taken at the right time are key factors that affect your outcomes in animal law matters, and you booking an appointment today is an important  first step towards getting the best outcome for you. 

 

Engagement documentation

As part of our firm’s commitment to providing a high-quality service for each of our clients, we’ve set out for you below:

 

Our fee

The fee for a phone call appointment varies based on the length of the appointment, and whether it is a discounted initial or ongoing appointment.  Details of the fee are set out in our booking platform, and payment for the appointment is required at the time of booking.  

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Thank you for approaching Guardianz and we look forward to undertaking these services for you.

 

We look forward to assisting you in identifying your smart next steps toward getting your best possible outcome.

 

Kind regards

Ian A. Robertson

Barrister 

Website: www.guardianz.law

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STANDARD TERMS OF ENGAGEMENT

1.     GENERAL

1.1.   Unless we agree otherwise in writing, these terms of engagement (“Terms”) will apply to all work carried out for you by Guardianz Limited (“Guardianz”).
1.2.   We may change these Terms from time to time, in which case we will send you amended Terms.
1.3.   Our relationship with you is governed by New Zealand law and New Zealand Courts have exclusive jurisdiction.
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2.     SERVICES

2.1.   Guardianz provides services which involve providing legal opinions addressing issues that deal directly with its area of specialty. We do not undertake wider types of legal work such as transactional matters, nor does Guardianz act as a general agent or lawyer.
2.2.   You authorise Guardianz to take any steps on your behalf which Guardianz considers to be necessary or beneficial or appropriate to perform the services to you (“Services”).
2.3.   Our agreement is with you and does not extend to matters or parties that are not directly related to the specified matter for which we have been engaged. If any other parties wish to retain us, they should do so by a separate agreement.
2.4.   For projects, events, or matters that Guardianz considers to be beyond the nature, detail, or difficulty of work that reasonably falls within the scope of the Services, then a separate agreement may be necessary. We will advise you as soon as reasonably practicable if it becomes necessary for us to provide Services outside the agreed scope and if requested, we may give you an estimate of any anticipated amount of the further costs.
2.5.   In order to provide you with efficient advice and services and to provide the most cost-effective service, it may be that part or all of your instructions will be provided in conjunction with other professionals who work in association with Guardianz. In the event that part or all of your instructions are provided in conjunction with other professionals who work in association with Guardianz, then unless agreed or advised otherwise in writing, the other professionals will be solely responsible for their own work in respect of your matter.
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3.     COMMUNICATIONS

3.1.   Our ability to provide you the Services depends on the information we receive from you.  You agree to provide us on a timely basis with all information we request, and to ensure that the information provided by you is accurate, complete and up-to-date. 
3.2.   You also agree to ensure that we are made fully aware of the outcomes you seek, relevant information and context, and the level of legal involvement that you seek.
3.3.   We may provide documents and other communications to you by email (or other electronic means) as the sole form of communication.  You agree to provide us with all requested contact details, including email address(es), postal address(es), telephone number(s) plus requested forms of identity, and advise us within 10 working days if any of your contact details change.
3.4.   While Guardianz takes care to ensure the security of such communications, they may be subject to interference or interception or contain viruses or other defects, and you agree that Guardianz will not be liablefor any damage or loss caused in connection with the corruption of any electronic communication.
3.5.   We will report to you periodically on the progress of any engagement and will inform you of any material and unexpected delays, significant changes or complications in the work being undertaken. You may request a progress report at any time.You agree to pay an administration fee at our standard hourly rates in consideration of time spent preparing and providing reports requested by you.
3.6.   You agree that, subject to prevailing laws associated with privacy and confidentiality, this matter may be referenced by us for consultation, discussion, or education purposes.
3.7.   You agree that we may provide you from time to time with other information that may be relevant to you, such as newsletters and information bulletins.  At any time, you may request that these materials not be sent to you.
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4.     FEES

4.1.   We take into account a range of factors in setting a fee, including, without limitation, the time taken and consideration to the skill required, specialised knowledge, complexity, urgency, value and importance of the Services.  Full details of the relevant fee factors are set out in Rule 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“Rules”).
4.2.   Unless otherwise agreed with you at the start of our engagement, we do not provide itemised or hourly breakdowns of our attendances on matters. If you request information or details beyond what have been set out in the invoice after our engagement, you agree to pay an hourly administration fee in consideration of time spent endeavouring to source and provide you with further information.
4.3.   If there is an engagement agreement for a specific matter specifying a fixed fee, we will charge this for the agreed scope of the services associated with the specific matter. Work that falls outside that scope will be charged based on an hourly rate of $600 plus GST per hour. We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside of the agreed scope and, if requested, may give you an estimate of the anticipated amount of the further costs.
4.4.   Our services will usually attract Goods and Services Tax (“GST”). If this is the case, GST is payable by you on our fees and charges.
4.5.   You may request an estimate of our fee for undertaking the Services at any time.
a.      If possible, we will provide you with an estimate (which may be a range between a minimum and a maximum amount or for a particular task or step). 
b.      An estimate is not a quote. 
c.      Any significant assumptions included in the estimate may be stated and you must tell us if those assumptions are incorrect or necessitate change. 
d.      We will inform you if we are likely to exceed the estimate by an amount that we consider to be substantial. 
e.      Unless specified, an estimate excludes GST, disbursements, and expenses.
4.6.   In providing the Services we may incur disbursements and payments to third parties on your behalf. 
a.       You authorise us to incur these disbursements (which may include such items such as travel and accommodation costs, courier charges, filing fees, and fees of agents, researchers, experts or other assistants) which are reasonably necessary to provide the Services. 
b.       You also authorise us to make payments to third parties on your behalf which are reasonably required and relevant to providing the Services (which may include items such as experts’ costs or counsel’s fees). 
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5.     INVOICES 

5.1.   Invoices are payable either before our work commences or by direct credit within 7 days of the date of the invoice, as specified in our terms of engagement. 
5.2.   Guardianz invoices are payable in New Zealand dollars to the bank account specified by us unless we have agreed otherwise.
5.3.   If any amount is not paid by the due date, we may:
a.      immediately stop work on any services to you;
b.      charge interest on the overdue amount at 2% per month from the due date until the date on which the outstanding amount (including all interest and costs) has been paid; and
c.      recover from you any costs we or our agents incur in collecting the debt (including commission and legal costs on a lawyer-client basis), and disclose information about your non-payment to a credit reporting agency.
5.4.   If part or all of your instructions are provided in conjunction with other professionals who work in association with Guardianz, then unless agreed or advised otherwise in writing (a) you will be invoiced by Guardianz just for services provided by  Guardianz, and (b) invoiced separately by any other professional that has provided services for you. You are responsible to Guardianz for payment of invoices issued by Guardianz separately to invoices for services issued by any other professional.
5.5.   We may ask you to provide security for our fees and expenses.  We may do this, on reasonable notice, at any time.
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6.     CONFIDENTIALITY AND PERSONAL INFORMATION

6.1.   We will keep confidential all information concerning you or your affairs that we acquire while acting for you. We will not disclose any of this information except:
a.      where necessary or desirable to enable us to carry out your instructions or expressly or impliedly agreed by you; or
b.      as necessary to protect our interests in respect of any complaint or dispute; or
c.      to the extent required or permitted by law.
6.2.   In our dealings with you, we will collect and hold personal information about you. We will use that information to carry out the Services and to contact you about issues we believe may be of interest to you. If you do not provide full information this may impact our ability to provide the Services. You authorise us to disclose, in the normal course of performing the Services, such personal information to third parties for the purpose of providing the Services and any other purposes set out in these Terms.
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7.     DOCUMENTS, RECORDS, AND INFORMATION

7.1.   We may keep records relating to your matters electronically and destroy originals (except where the existence of an original is legally important).
7.2.   At any time, we may dispose of documents that are duplicates, or which we, in our sole discretion, consider to be trivial (such as emails that do not contain substantive information), or documents that belong to us.
7.3.   We are not obliged to retain documents or copies where you have requested that we provide them to you or another person and we have done so, although we are entitled to retain copies for our own records if we wish to do so.
7.4.   Upon request from you, we will provide you with copies or originals (at our option) of documents to which you are entitled under the Privacy Act 1993 or any other law. We may charge you our reasonable costs for doing this.
7.5.   If you request a copy of any document held by us that belongs to a third party then you will need to provide us with that party’s written authority to uplift or obtain a copy of that document.
7.6.   Unless you instruct us in writing otherwise, you authorise us and consent to us (without further reference to you) to destroy (or delete in the case of electronic records) all files and documents in respect of the Services seven (7) years after our engagement ends (other than any documents that we hold in safe custody for you or are otherwise obliged by law to retain for longer). We may retain documents for longer at our option.
7.7.   We may, at our option, return documents (either in hard or electronic form) to you rather than retain them.
7.8.   We own the copyright in all documents or work we create while performing the Services but grant you a non-exclusive licence to use and copy the documents as you see fit for your own personal or commercial use. However, you may not permit any third party to copy, adapt or use the documents without our prior written permission.
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8.     CONFLICTS OF INTEREST

8.1.   We may be asked from time to time to act for other clients whose commercial or legal interests differ from yours. If a conflict of interest or potential conflict of interest arises, we will consult with you about the best way to resolve the matter. We will not act without your consent for any other client where the work for that client relates to any matter on which we are working for you or  where we hold information on your behalf that would disadvantage you if disclosed to the other client.
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9.     DUTY OF CARE

9.1.   Our duty of care is to you and not to any other person.  We owe no liability to any other person, including for example any directors, shareholders, associated companies, employees or family members unless we expressly agree in writing. We do not accept any responsibility or liability whatsoever to any third parties who may be affected by our performance of the Services or who may rely on any advice we give, except as expressly agreed by us in writing.
9.2.   Our advice is not to be referred to in connection with any prospectus, financial statement, or public document without our written consent.
9.3.   Our advice is opinion only, based on the facts known to us and on our professional judgement, and is subject to any changes in the law or variation or discovery of relevant facts or circumstances, after the date on which the advice is given. You agree that we are not liable for errors in, or omissions from, any information provided by third parties.
9.4.   Our advice relates only to each matter in respect of which you engage us. Once that matter is at an end, we will not owe you any duty or liability in respect of any related or other matters unless you specifically engage us in respect of those related or other matters.
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10.   LIMITATIONS ON OBLIGATIONS OR LIABILITY

10.1. Guardianz holds indemnity insurance that meets minimum standards specified by the Law Society.
10.2. To the extent allowed by law, our aggregate liability to you (whether in contract, tort, equity or otherwise) in connection with our Services is limited to the amount available to be payable under the Professional Indemnity Insurance held by Guardianz.
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11.   TERMINATION

11.1. The engagement of Services may be terminated upon either you or Guardianz providing reasonable written notice to the other. 
11.2. We may terminate our retainer in any of the circumstances set out in the Rules including the existence of a conflict of interest, non-payment of fees, and failure to provide instructions.
11.3. If our engagement is terminated you agree to pay us all fees, disbursements and expenses incurred up to the date of termination and these terms continue to apply in respect of your instructions and our relationship with you.

CLIENT CARE AND SERVICE INFORMATION

We are committed to complying with the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society (Law Society). To assist you, the following information describes some key elements of those rules, and explains some recourse you have as a consumer of legal services.

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Client care and service

Whatever legal services we are providing, we must:

  • act competently, in a timely way, and in accordance with instructions received and arrangements made

  • protect and promote your interests and act for you free from compromising influences or loyalties

  • discuss with you your objectives and how they should best be achieved

  • provide you with information about the work to be done, who will do it and the way the services will be provided

  • charge you a fee that is fair and reasonable and let you know how and when you will be billed

  • give you clear information and advice

  • protect your privacy and ensure appropriate confidentiality

  • treat you fairly, respectfully and without discrimination

  • keep you informed about the work being done and advise you when it is completed, and

  • let you know how to make a complaint and deal with any complaint promptly and fairly.

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The obligations lawyers owe to clients are described in the Rules of Conduct and Client Care for Lawyers. Those obligations are subject to other overriding duties, including duties to the courts and to the justice system.

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If you have any questions please either discuss them with us or contact the Law Society at www.lawsociety.org.nz, or on 0800 261 801.

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Compliance obligations

We are obliged to comply with all laws applicable to us in all jurisdictions, including (but not limited to):

  • Anti-money laundering and countering financing of terrorism laws; and

  • Laws relating to tax and client reporting and withholdings.

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We may be required to undertake customer due diligence on you, persons acting on your behalf and other relevant persons such as beneficial owners and controlling persons. We may not be able to begin acting, or to continue acting, for you until that is completed.

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People responsible for your work

Ian Robertson, the principal of Guardianz, is the person who will have overall responsibility for your work on each matter as it relates to the specialty subject area of Guardianz.

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In the event that part or all of your instructions are provided in conjunction with other professionals who work in association with Guardianz, then unless agreed or advised otherwise in writing, the other professionals will be solely responsible for their own work in respect of your matter.

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Keeping your records

We will retain or dispose of your records in accordance with our terms of engagement. We will provide copies to you in accordance with our obligations under the Privacy Act 1993 on request. We may charge for the cost of providing records to you.

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Complaints

If you have a complaint about our services or any fee, we would like to ensure this is dealt with as soon as possible.  Please feel free to contact Ian Robertson in relation to any complaint by email (ian.robertson@guardianz.law)

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If we have been unable to resolve a complaint or concern you may contact:
The Lawyers Complaints Service
Phone: 0800 261 801
Website: www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/concerns-form
Email: complaints@lawsociety.org.nz

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Professional indemnity insurance

We hold professional indemnity insurance that exceeds the minimum standards specified by the Law Society. We can provide you with particulars of this insurance upon request.

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The Lawyers' Fidelity Fund does not provide cover in relation to our services because, as barristers, we do not hold client funds.

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