Search Results

1. Otago Standards Committee No. 1 v Zhao [2016] NZLCDT 22 [pdf, 115 KB]

   ...up the movement of funds and ensure compliance at the time of billing, that is, that this was not an isolated or unusual occurrence. He did not seem to be troubled by the fact that while the funds were in his personal account, they lacked the protection afforded by the strict provisions of the trust account regime. 24 [81] The regulations and rules surrounding the handling of client funds are in place for important protective purposes. Compliance is a fundamental obligati...

2. Auckland Standards Committee 2 v Holland [2022] NZLCDT 9 (3 March 2022) [pdf, 216 KB]

   ...wilfully or recklessly disregarding her obligations to comply with a formal s 147 notice in relation to investigation of this matter. On that charge she was censured and suspended from practising for four months. We are satisfied and have been careful to ensure that the current charge does not duplicate the previous charge and findings. We note though, that Ms Holland expressly sought that the Tribunal have before it and consider her evidence in the earlier proceedings. On that...

3. [2020] NZSSAA 6 (28 April 2020) [pdf, 101 KB]

   ...Germany. He was advised to declare his departure date online before leaving New Zealand. In May 2016, the appellant told the Ministry he would be leaving New Zealand for approximately three months. This travel was approved so that he could take care of his father because his father’s regular carer was on holiday. [6] On 10 February 2017 the appellant advised the Ministry that he intended to leave New Zealand on 14 February because his father’s health had deteriorated. O...

4. Donkin v CAC 10057 & Morton-Jones [2012] NZREADT 44 [pdf, 31 KB]

   ...to the Tribunal giving its decision in LB and therefore aware that industry standards had not at this time required any steps to be taken. We do not accept this. It is plain that from the commencement of the Act agents had an obligation to take care when making representations. How they take care depends upon the representation that is made. This is a reflection of Rule 6.4, 6.5 of the Real Estate Agents Client Care Rules. We do not think that the obligation is any more than this. Ac...

5. AL v ZK LCRO 182/2012 (19 March 2014) [pdf, 60 KB]

   ...the conduct of the lawyer, it is unlikely that it will be appropriate for a Standards Committee to take no action on the complaint. In this regard I refer to the case of BI v CW 3 where I noted: “...Standards Committees and this Office must be careful not to allow lawyers whose bills are complained about, to “buy” their way out of a finding of unsatisfactory conduct...” [15] While it is impossible to draw a definitive line, there is a distinction to be made between complain...

6. [2021] NZEmpC 133 Ngawaka v Global Security Solutions Ltd [pdf, 186 KB]

   ...be unable to pay the defendant’s costs if the plaintiff’s claim fails.7 The power is discretionary and broad. In exercising the discretion regard must be had to the overall justice of the case, and the interests of both parties need to be carefully weighed up. The required balancing exercise was summarised by the Court of Appeal at AS McLachlan Ltd v MEL Network Ltd as follows:8 [15] The rule itself contemplates an order for security where the plaintiff will be unable to...

7. SJ & NY v XT Ltd [2021] NZDT 1644 (6 October 2021) [pdf, 206 KB]

   ...the water charges are for leaks. Is XT Ltd responsible for those leaks? 1. Parties to a contract are bound by the terms and conditions of the contract. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 provides a guarantee that services will be carried out with reasonable care and skill. 7. Under the contract between the parties the property owners are responsible for paying for water lost as a resul...

8. Factsheet-for-requesting-personal-information [pdf, 185 KB]

   ...under the Official Information Act 1982. Advice for making a request You may need to contact more than one agency to get all the records you need. You may need to show ID, like a passport or New Zealand driver’s license. This is to protect the privacy of the people who the records are about. Give the agency as much information you can – for example, the type of record you’re looking for, and the dates and locations, if you know them. Who should I send the request t...

9. Waikato Bay of Plenty Standards Committee 1 van Noort [2024] NZLCDT 33 (17 October 2024) [pdf, 176 KB]

   ...was about [1] Mr van Noort is a now-retired lawyer who held himself out to be an expert in Trusts and means-tested subsidy applications. In February 2020, he was asked to assist the K family in seeking a subsidy for their father’s residential care. The father, TK, had settled a Trust in 2010, but there was very scant record keeping between then and when his children1 sought Mr van Noort’s help. [2] There had been somewhat complicated dealings with TK’s property, including...

10. [2024] NZEnvC 182 Beresford v Queenstown Lakes District Council [pdf, 1.6 MB]

    BUNKER & ROUSE v QLDC – DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 182 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN M J BERESFORD, R T BUNKER & L M ROUSE (ENV-2018-CHC-69) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Judge S Tepania Environ