Search Results

1. Sharma v Manchanda [2018] NZIACDT 2 (2 February 2018) [pdf, 196 KB]

   ...complaint was made, the Registrar required that Mr Manchanda provide a copy of his file, but he did not provide file notes that he later relied on. [3] The essential features of the grounds of complaint are, Mr Manchanda failed to take adequate care over the absent police certificate, did not give adequate advice and failed to follow up advice in writing, and he failed to provide the Registrar with a full copy of his file. [4] The essential facts are not contentious, though what w...

2. Tonks v Stone [pdf, 105 KB]

   ...to be correctly flashed with matching profile roofing material. All the very awkward flashing of rounded junctions between walls and roofs and skylights and the like need to be flashed by an experienced plumber as considerable thought and care is required to ensure weathertightness at these difficult points. Conventional flashing materials will not be able to effect weathertightness due to the curved shapes of the walls and roof skylight and the trapedoizial-section roofing....

3. [2022] NZIACDT 10 - BC v Lawlor (18 May 2022) [pdf, 192 KB]

   ...bundle of support documents. It concerned Mr Lawlor’s work for the father. The following heads of complaint against him are referred to the Tribunal: Negligence, or alternatively breach of the specified provisions of the Code (1) Failure to take care filing a PGVV for the father when he was not eligible, in breach of cl 1. (2) Failure to file a s 61 request in a timely manner and failure to acknowledge his role in the delay, in breach of cl 1. (3) Failure to have a written agr...

4. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

   ...paid it into a trust account, as she has since accepted she should have done. By thwarting the operation of Regulation 9, Ms DA cannot be said to have breached it. While that is a logical outcome, it is not satisfactory in that it side-steps the protections Regulation 9 provides to lawyers’ clients. [77] The Committee was also correct to find that Ms DA had breached Regulation 10, which makes provision for fees and disbursements to be paid in advance of a practitioner renderin...

5. [2022] NZIACDT 29 - EQ v McCarthy (19 December 2022) [pdf, 322 KB]

   ...Immigration NZ to Mr McCarthy on 6 succeeded only once, speaking to him on 14 October 2021. He told the officer he would reply to their emails that day, but he did not do so. [32] On 4 November 2021, Immigration NZ wrote to the complainant, care of Mr McCarthy, stating that the mandatory character information was missing. The government agency said it had sought to contact Mr McCarthy numerous times between 23 July and 28 October 2021, but he did not respond. They were given...

6. Johnson v Canterbury/Westland Standards Committee 3 - Outcome of appeal of decisions [2018] NZLCDT 5 and [2018] NZLCDT 21 [pdf, 439 KB]

   JOHNSON v CANTERBURY/WESTLAND STANDARDS COMMITTEE 3 [2019] NZHC 619 [28 March 2019] IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CIV 2018-404-000533 [2019] NZHC 619 BETWEEN RONALD BRUCE JOHNSON Appellant AND CANTERBURY/WESTLAND STANDARDS COMMITTEE 3 Respondent Hearing: 29 August 2018 Appearances: P J Napier & N Pye for Appellant S Waalkens & M Mor

7. LCRO 170/2019 ZY v LN QC (23 April 2021) [pdf, 279 KB]

   ...(a) the decision to file enforcement proceedings and the interlocutory application were tactical procedural steps, the filing of which did not reflect any competency failings on the part of Mr LN; and (b) it considered that Mr LN had made a careful assessment of the options available to Ms ZY; and 1 Ms ZY, submissions accompanying review application (8 November 2019) at p5. 5 (c) it was unable to identify evidence to suggest that Mr LN had acted incompetently; and (d)...

8. Naera v Fenwick - Whakapoungakau 24 block (2010) 15 Waiariki MB 279 (15 WAR 279) [pdf, 379 KB]

   ...owners. Such minimalist engagement is caused, in part, by the lack of appropriate systems within the current Māori land tenure system that should include a robust owner address identification and maintenance process. [57] In summary, having carefully reviewed the trust order, it is difficult to discern, in the absence of authority, how the position can be any different to that expressed by Judge Savage in 1999. My conclusion is that the Appellate Court authorities confirm that vot...

9. BORA Ngati Awa Claim Settlement Bill [pdf, 81 KB]

   ...public law action against the relevant Minister who issued a protocol alleging failure to comply with his or her obligations under the protocol. This clause affects the substantive law and does not in my view fall within the ambit of s 27(3) which protects procedural rights. Accordingly, clause 23(3) of the Bill is not inconsistent with s 27(3) of the Bill of Rights. Section 14 BORA issue 12. Clause 21 of the Bill raises the issue of compliance with s 14 of the Bill of Rights. Sectio...

10. BORA Ngāti Mākino Claims Settlement Bill [pdf, 290 KB]

    ...proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. However, cl 20(3) affects the substantive law and does not fall within the ambit of s 27(3) of the Bill of Rights, which protects procedural rights. [5] Whether s 19 at issue 9. Although the Bill confers assets and/or rights on claimants that are not conferred on other people it does not, in my view, create a prima facie limit on the right to freedom from discr...