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1. MT v P Ltd [2024] NZDT 740 (29 October 2024) [pdf, 203 KB]

   ...this instance, P Ltd did not even provide that service to MT. It provided the service to a person pretending to be MT. 10. It is appropriate to take a broad and purposive approach to the application of the CGA, which is intended to be consumer protection legislation. Taking that broad approach I accept, for the purpose of this analysis, that P Ltd owed MT (indirectly) a duty of reasonable care and skill. 11. MT’s argument is that P Ltd failed to have appropriate processes / s...

2. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 4 [pdf, 234 KB]

   ...PURCHASE OF THE HOUSE? ................................................................. 21 WERE MR AND MRS WILKINSON ACTING AS DEVELOPERS? .................... 24 DID MR WILKINSON AND WILKINSON BUILDING AND CONSTRUCTION LIMITED BREACH THEIR DUTY OF CARE TO FUTURE PURCHASERS AS BUILDERS? ....................................................................................................... 26 IS HITEX LIABLE FOR THE CREATION OF DEFECTS? .................................. 28 DID MR H...

3. Eppanapally v Zhou [2014] NZIACDT 118 (28 November 2014) [pdf, 229 KB]

   ...fees. [42] Accordingly, licensed immigration advisers are given the freedom to practise as employees where they have little control over the business practices of their employer. However, they do so at their peril unless they establish proper protection for their professional independence, and assurance they can ensure they manage and deliver service for all aspects of the professional relationship (alone or with another licensed adviser). It is not open to Ms Zhou to claim they are s...

4. LCRO 211/2020 BU - Application for review of a prosecutorial decision (30 July 2021) [pdf, 233 KB]

   ...Zealand Lawyers and Conveyancers Disciplinary Tribunal. Background [2] Mr GC, and his mother Mrs RC, were engaged in a lengthy and acrimonious family dispute. [3] In 2016, Mrs RC instructed Mr BU to make application to the Family Court for a protection order. Mr GC was the subject of the application for protection. [4] The application was filed on 9 May 2016. The application recorded the parties to the application as Mrs RC, together with her husband SC. 2 [5] Unfortunatel...

5. Deputy Registrar v Moeahu - Lot 1 DP17494 Part Section 2345 New Plymouth (Old Railway Station) (2023) 468 Aotea MB 117 (468 AOT 117) [pdf, 339 KB]

   ...terms of the trust, to act in accordance with the terms of trust, to act honestly and in good faith, to act for the benefit of the beneficiaries and to exercise powers for proper purpose. 8 The default trustee duties include: a general duty of care, to invest prudently, to avoid conflicts of interest, not to profit from role, and to be impartial. 468 Aotea MB 124 (a) carrying out the terms of the trust: (b) the proper administration and management of the business of the trust:...

6. Liufau v Letalu [2014] NZIACDT 92 (18 September 2014) [pdf, 174 KB]

   ...was in New Zealand unlawfully and sought Mr Letalu’s assistance to apply for a visa. The complainant paid fees and, after a long delay, the Adviser lodged an application. [2.2] Mr Letalu did not have a written agreement and his conduct lacked due care and diligence. [3] The Tribunal upheld the complaint and found Mr Letalu failed to meet minimum professional standards in that he failed to commence the professional relationship in accordance with clause 1.5 of the Code of Conduct (201...

7. Family-Court-Associates-position-description-and-appointments-information [pdf, 615 KB]

   ...governing legislation and associated Family Law statutes, it is expected that candidates will demonstrate a high level of understanding of the dynamics and impacts of family violence, and related best practice. In accordance with the high volume of Care of Children Act 2004 proceedings in the Family Court, it is also expected that candidates will demonstrate a high level of understanding as it pertains to children’s development and rights. A Family Court Associate will need to be avai...

8. FCA Judicial appointment information booklet [pdf, 615 KB]

   ...governing legislation and associated Family Law statutes, it is expected that candidates will demonstrate a high level of understanding of the dynamics and impacts of family violence, and related best practice. In accordance with the high volume of Care of Children Act 2004 proceedings in the Family Court, it is also expected that candidates will demonstrate a high level of understanding as it pertains to children’s development and rights. A Family Court Associate will need to be avai...

9. Auckland Standards Committee v Khan [2014] NZLCDT 15 [pdf, 149 KB]

   ...and an order subsequently being made that Mr Raheman not be employed by any legal firm in future. [7] Thus it is quite clear that the practitioner was let down by his employee. [8] The Tribunal considers that it is axiomatic that extreme care has to be taken in completing any Solicitor’s Certificate. As Mr McCoubrey submitted, this is in a special category of documents which are reserved to be the province of legal practitioners. Furthermore, lending organisations rely o...

10. The Impact of the Prostitution Reform Act on the Health and Safety Practices of Sex Workers Report [pdf, 819 KB]

    ...other sex workers, NZPC and for managed workers, the manager or receptionist at their place of work. • Most participants reported always using condoms for vaginal and anal sex. • Just over one tenth of survey participants reported not using protection at some time in the last 12 months for oral sex on the client and on them. Street-based workers were more likely than managed and private sex workers to report this and male sex workers were more likely than female and transgende...