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1. Afemui v Tangilanu [2014] NZIACDT 94 (01 October 2014) [pdf, 199 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

2. Wiezoreck v McHugh [2013] NZIACDT 49 (9 August 2013) [pdf, 128 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

3. NQE v Tan [2013] NZIACDT 46 (01 August 2013) [pdf, 131 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

4. [2021] NZREADT 22 - Jenkins v The Real Estate Agents Authority, Roberts & Tai Rakena (14 May 2021) [pdf, 316 KB]

   ...re-hearing of the material that was before the Committee. That is, the Tribunal hears submissions by or on behalf of the parties and considers the evidence and other material that was provided to the Committee. [37] However, in its decision in Eichelbaum v Real Estate Agents Authority (CAC 303) the Tribunal accepted that it may give a party to an appeal leave to submit evidence to the Tribunal that was not before the Committee, if the Tribunal considers that it is just to do so...

5. [2024] NZEnvC 102 Royal Forest and Bird Protection Society of New Zealand Inc v West Coast Regional Council [pdf, 273 KB]

   ...[30] In reply submissions, F&B refers to additional cases where a party who had conducted litigation using an in-house lawyer, was able to recover costs; Henderson Borough Council v Auckland Regional Authority,21 Joint Action Funding Ltd v Eichelbaum,22 McGuire v Secretary for Justice,23 and Royal Forest & Bird Protection Society of New Zealand Inc v Northland Regional Council.24 [31] While none of these cases involve RMA proceedings, counsel submits that there is no princ...

6. [2021] NZREADT 19 - Moseley v The Real Estate Agents Authority & Smith (29 April 2021) [pdf, 355 KB]

   ...of a re-hearing of the material that was before the Committee. That is, the Tribunal hears submissions by or on behalf of the parties, and considers the evidence and other material that was provided to the Committee. [59] In its decision in Eichelbaum v Real Estate Agents Authority (CAC 303), the Tribunal accepted that it may give a party to an appeal leave to submit evidence to the Tribunal that was not before the Committee, if the Tribunal considers that it is just to do so....

7. [2020] NZREADT 54 - Beath v The Real Estate Agents Authority (29 October 2020) [pdf, 273 KB]

   ...“consolidation” of the charges and appeal proceedings as a short form reference to the various forms of “consolidation” referred to in the High Court and District Court Rules, including hearing proceedings concurrently or sequentially. 5 See Eichelbaum v Real Estate Agents Authority (CAC 303) [2016] NZREADT 3. submitted that it is not yet known whether the appeal will proceed solely on the basis of the material before the Committee. [10] Finally, Ms Lim pointed at the d...

8. Heng v Yap [2014] NZIACDT 110 (10 October 2014) [pdf, 198 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

9. Auckland Standards Committee 1 v Ravelich [2020] NZLCDT 3 [pdf, 191 KB]

   ...refers to conduct “that occurs at a time when the lawyer is providing regulated services” it does not require there to be a subsisting lawyer/client relationship with a particular client.” 8A (Eichelbaum) v Canterbury Westland Standards Committee No. 2 of the New Zealand Law Society [2015] NZHC 1896, 12 August 2015, Venning J. 9 Deliu v National Standards Committee and Standards Committee No. 1 of the New Zealand Law Society [2017] NZH...

10. [2019] NZREADT 39 - Feschiev - Ruling [pdf, 294 KB]

    ...investigation), Mr Feschiev pointed out what he said were untrue statements, and set out what he said was evidence of the untruthfulness. In large part, his responses referred to email communications. 3 See Eichelbaum v Real Estate Agents Authority [2016] NZREADT 3. [62] We do not consider that we would be assisted by hearing oral cross-examination. Accordingly, we decline leave for evidence to be given by Mr Zlatkov, and for c...