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1. Auckland Standards Committee 5 v Hong [2019] NZLCDT 28 [pdf, 132 KB]

   ...files and more widely for an assessment of how Mr Hong was administering client files. [10] Mr Strang instanced examples of the assurance information he would have expected to see having viewed a file. He would be looking to see: (a) a client care exchange; (b) a reporting statement; (c) an interaction between the firm and its client; (d) compliant invoices; (e) a trustee’s authority; and (f) proof that office expenses were being charged as disbursements. [11] He said th...

2. NT v Standards Committee LCRO 131/2014 (21 November 2014) [pdf, 84 KB]

   ...Court was unnecessarily costly for them, a costs consequence following litigation is neither unusual, nor untoward. Litigation is an uncertain business. That is not to say that in appropriate circumstances consumers of legal services should not be protected by the complaints and disciplinary mechanisms provided for in the Act if the evidence supports the allegations made. [43] In addition to the concerns expressed by Judge Tuohy about the conduct of the proceeding, it appears that...

3. [2021] NZREADT 12 - Walker v The Real Estate Agents Authority & Hickson (26 March 2021) [pdf, 276 KB]

   ...himself to update practices and systems around the handling of deposit payments, to ensure that a similar situation does not re-occur, and that he had apologised to the appellants. He also submitted that a fine served the purposes of the Act of protecting the public by way of personal and general deterrence. [39] He further submitted, by reference to previous decisions of Complaints Assessment Committees, that the level of the fine was appropriate, given the Committee’s assessm...

4. UK v WM LCRO 144/2013 (2 September 2016) [pdf, 104 KB]

   ...conduct breaches rules 2, 2.8, 2.9 and 10, which are practice rules made under the Act. [52] As mentioned above, decisions about whether professional standards have been breached must be guided by the purposes of the Act which are focussed on consumer protection, public confidence and recognising the status of lawyers. Rule 2 [53] Rule 2 says: 2. A lawyer is obliged to uphold the rule of law and to facilitate the administration of justice. [54] There is no basis on which to concl...

5. Taylor v Corrections [2018] NZHRRT 35 [pdf, 308 KB]

   ...registered a company or a trust and if possible to arrange for others to provide the published information instead (such as lawyers or accountants). [61.5] Protecting property ownership details. [61.6] Protecting identity documents. [61.7] Being careful about having items visible in their car that may identify them as working for Corrections. [62] Corrections also provides comprehensive guidance for staff on online safety as Facebook and other social media sites can be a significant...

6. Final Submissions Summary Report [pdf, 1.1 MB]

   ...examine the facts of this document, talk about it, celebrate it, teach it in our school, ensure migrants to our country understand it, and base our laws on it. Individual submission The premise is founded in Te Tiriti – principles of partnership, protection, participation and the right to development. Mataatua District Māori Council While talk of Te Tiriti may not have been common in Pākehā society and in Parliament over the past 178 years, it is constantly upheld on every Ma...

7. IWCNZ-Submissions-on-Scope.pdf [pdf, 366 KB]

   ...131. 10 At [118]. 11 Ibid at [48]. 6 16 The minute on the scope of the inquiry issued by Judge Marshall has already noted, recounting the recent decision in Wallace v Attorney-General,12 that s 8 refers not only to the need for the state to protect the right to life, but (as part of that right) the need for the state to investigate certain deaths. Section 8 “not only permits, but in fact requires, the inclusion of an obligation to investigate a death that has occured at the h...

8. [2020] NZEnvC 187 Haines House Haulage Northland Limited v Whangarei District Council [pdf, 5.9 MB]

   ...to be managed to maintain a vegetative cover, either of exotic grasses or any indigenous plants that may naturally colonise that area. Any weed species such as gorse, tobacco weed, tree privet, pampas or willow, shall be mechanically removed or carefully spot sprayed, taking all precautions to avoid herbicide access to the drain - either as spray drift or overland flow. 20. Any plants that die or have their roots systems severely damaged by extreme winds i.e. blow over- shall be rep...

9. INZ (Calder) v Chiv [2019] NZIACDT 73 (21 October 2019) [pdf, 240 KB]

   ...Immigration Advisers Competency Standards 2016. [51] The Code clearly contemplates, and the Competency Standards expressly require, that an adviser will provide accurate information to Immigration New Zealand in applications.14 This requires the careful review by the adviser of information provided by 12 Registrar’s supporting documents at 465, 483 & 502. 13 Statement of complaint at [16]–[18] with references to Registrar’s supp...

10. Prajapati v Khetarpal [2016] NZIACDT 23 (3 May 2016) [pdf, 250 KB]

    ...interest against Ms Khetarpal’s interests (A v Professional Conduct Committee at [82]). [40] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [41] Dishonesty points to the need to remove a practitioner from a pr...