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1. LCRO 3/2019 YR v OS (20 July 2020) [pdf, 207 KB]

   ...owed to non-clients [21.120] The lawyer-client relationship is presumed to give rise to fiduciary duties: see [4.40]. Yet as fiduciary duties are superimposed upon a relationship in circumstances where a court considers that a party should be protected from another party’s potential abuse of position, it stands to reason that lawyers can owe fiduciary duties to non-clients. The danger is that fiduciary duties owed to a client may conflict with those owed to a non-client, placing th...

2. [2024] NZIACDT 06 ZR v Kim (23 January 2024) [pdf, 240 KB]

   ...invoice from Wealand International (1 May 2023) for the service fee of $4,000. [21] The complainant arrived in New Zealand on 20 May 2023 and departed on 16 July 2023. [22] On 2 August 2023, Immigration NZ sent a letter to the complainant (care of Mr Kim) advising that his visa might be cancelled as his employment had ended on 18 June and he had left New Zealand on 16 July. On the same day, Mr Kim sent the letter by email to the complainant. [23] On 15 August 2023, Immigra...

3. Goher v Hammadieh [2016] NZIACDT 1 (14 January 2016) [pdf, 184 KB]

   ...standards of conduct are maintained in the occupation concerned. [11] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [11.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [11.2] Demanding minimum standards of conduct: Dentice v Valuers Registrat...

4. McNie v CAC2004 & Proude [2013] NZREADT 49 [pdf, 62 KB]

   ...fit, subject to the rule of natural justice: s.105; but submits that we should use our power to prevent misuse of our processes. [9] Counsel for the second respondent accepts that we must act in accordance with the purposes of the Act to promote to protect the interests of consumers in respect of real estate transactions and to promote public confidence in the performance of real estate agency work (refer s.3), and that a main purpose of that is to provide accountability through a disci...

5. Faleauto v DE LCRO 99/2015 (29 November 2016) [pdf, 101 KB]

   ...obligations, and contravened duties to his client and the court, is necessary to give effect to, and consistent with all three purposes of the Act. Publication is likely to assist in maintaining public confidence in the provision of legal services, protecting the consumers of legal services, and recognising the status of the legal profession. [34] Mr Faleauto does not say that publication of his name will have any impact on the interests or privacy of the complainant, Mr DE (who wa...

6. [2019] NZCAA 1 (18 January 2019) [pdf, 216 KB]

   ...appellant would not sell the vehicle if released without forfeiture. [7.7] The appellant is under financial pressure, due to the competitive nature of its business, the high costs involved, and the onerous regulatory requirements. [7.8] Any lack of care was due to naivety, and an understanding that a third party would ensure the risk was managed. The risk was unforeseen, and a rare situation. Customs’ Position [8] Customs say the records showing the discrepancies in the odo...

7. IPT Annual Report 2025 [pdf, 515 KB]

   ...Tribunal are set out in section 217(2) of the Act: “(2) The functions of the Tribunal are— (a) to determine appeals against— (i) decisions to decline to grant residence class visas: (ii) decisions in relation to recognition as a refugee or a protected person: (iii) decisions to cease to recognise a person as a refugee or a protected person: (iv) decisions to cancel the recognition of a New Zealand citizen as a refugee or a protected person: (v) liability for deportation:...

8. [2015] NZEmpC 136 Cronin-Lampe v The BOT of Melville High School interlocutory [pdf, 115 KB]

   ...particularity, some events but not others. It could have been said that those incidents sufficiently particularised are also the subject of evidence rather than pleading and yet they have been elaborated upon. Matters of confidentiality can easily be protected by setting restrictions on the extent to which information is revealed. It could be done by confidential memorandum rather than amended statements of claim. [24] In the present case where limitation issues exist, the plai...

9. Franklin v CAC 20005 & Bailey [2013] NZREADT 77 [pdf, 51 KB]

   ...occasion I am putting a line in the sand as it caused an avoidable quantifiable monetary loss to my client. When representing a client’s interest in a property purchaser transaction, my quintessential role is to exercise my fiduciary obligation to protect their personal circumstances, protect them from themselves by shielding their emotion from the selling party and to maximise their equity in a property purchase by paying the least amount possible at the time of settlement. Had the...

10. BORA Te Tau Ihu Claims Settlement Bill [pdf, 297 KB]

    ...other judicial bodies from considering the settlement and historical claims, other than in respect of the interpretation and implementation of the deed of settlement, the Act or redress provided under the deed or Act. The Bill also removes associated protections under the State-Owned Enterprises Act and elsewhere. 13. The removal of recourse to the courts and otherwise raises three related questions under the Bill of Rights Act: 13.1 These provisions limit the available protection for...