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1. TG v Tangilanu [2012] NZIACDT 17 (8 May 2012) [pdf, 90 KB]

   ...penalty for both matters must reflect the overall conduct. [3] The facts and background are set out in the earlier decision upholding this complaint, dated 27 March 2012. The key findings were: [3.1] Ms Tangilanu systematically failed to act with care, diligence and professionalism; she effectively ignored the Code. [3.2] She failed to carry out her client’s (Ms TG’s) instructions to apply for both student permits and residence permits. [3.3] She failed to commence her professi...

2. BORA Contract and Commercial Law Bill [pdf, 146 KB]

   ...Companies Act 1993, and registration as an auctioneer under the Auctioneers Act 2013. The age of 18 is also the default age of the end of childhood under the UN Convention on the Rights of the Child, which requires states party to provide various protections to children. 18. Third, cl 86 does not prevent minors from entering into contracts, but only from having those contracts enforced against them without a review of the fairness to the minor of the contract by a court. We consider th...

3. Information Sharing Agreement between the Ministry of Justice and the Crown Law Office [pdf, 165 KB]

   ...prepared for transfer; 15.2. Information will be securely transferred to CLO; 15.3. The information supplied to CLO will be processed and linked to other information relating to defendants; 15.4. CLO will store the information in a secure system that protects the information against unauthorised use, modification, access and disclosure. 6 Safeguards to protect privacy 16. The Parties will: 16.1. Create a Memorandum of Understanding (MOU) which details roles and responsibi...

4. Notes from Crown Maori Relations hui Invercargill 12 May 2018 [pdf, 441 KB]

   ...continue this debate as it has massive consequences for Māori.” One speaker noted that the Treaty of Waitangi should be entrenched within New Zealand’s constitution. • Improving Health outcomes – A few speakers indicated that the hospital care and treatment in the region was ‘horrendous’. A few also suggested that the government needs to address mental health issues as they intersect with other issues like homelessness, suicide, criminal action and the well-being of t...

5. Gartrell v New Zealand Law Society [2012] NZLCDT 25 [pdf, 98 KB]

   ...have regard to the factors set out in s 41 of the Act which itself imports s 55 factors and includes any other matters thought appropriate. [4] Those factors must be considered in the light of the purposes of the Act which is concerned with the protection of consumers of legal services and the maintenance of public confidence in the provision of legal services. [5] The history of this matter will explain the cautious approach taken by the Society and I am going to use the chronolo...

6. BORA Lawyers and Conveyancers Amendment Bill [pdf, 322 KB]

   ...proposal raises a possible inconsistency with s 17 of the Bill of Rights Act. However, the position is complicated by the uncertain scope of that right in comparable jurisdictions, which do not necessarily recognise the extension of the right to protect associations of a commercial character. However, in our view the proposal is in any event justifiable under s 5 of the Bill of Rights Act as reflecting a rational and legitimate policy choice by the legislature to re-emphasise the import...

7. [2023] NZIACDT 29 - DT v Li (11 December 2023) [pdf, 111 KB]

   ...immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice. [22] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 3 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 6 …It is well established that professional disciplinary proceedings are civil and not criminal in...

8. [2025] NZIACDT 22 – ZZ v Wen (25 March 2025) [pdf, 214 KB]

   ...steps to reduce her exposure to future liability. She contacts independently with her clients and does not hand them over to unlicensed people. She has shifted her practice from work visas to primarily focus on education visas. Ms Wen gives more care to proper processes in her work. She has learned a quick and painful lesson. [16] As for the sanctions proposed by the Registrar: 1. A censure is not opposed. 2. In respect of training, Ms Wen states that the time and effort inv...

9. [2020] NZIACDT 21 - Immigration New Zealand (Carley) v Penty (18 May 2020) [pdf, 169 KB]

   ...uphold it but take no further action or uphold it and impose one or more sanctions.10 [59] The sanctions that may be imposed by the Tribunal are set out in the Act.11 The focus of professional disciplinary proceedings is not punishment but the protection of the public.12 [60] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ i...

10. [2021] NZEmpC 208 ABC v DEF [pdf, 315 KB]

    ...later challenge any without prejudice statements made at mediation. [5] The Authority convened a case management conference call at which it received oral submissions. Then the parties were sent an email stating that the Member had considered carefully the forceful submissions made by ABC that mediation should not proceed. The Member considered that mediation remained mandated by s 159 of the Act and could be of assistance to the parties in clarifying the claims or resolving the...