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1. Abellera v Elizabeth [2017] NZIACDT 17 (20 Sept 2017) [pdf, 153 KB]

   ...available for repayment. [13] This Tribunal has also repeatedly found that where an agreement fails to properly establish the terms of a professional engagement, often the whole fee must be refunded. That is because the client has not had the protection extended by the client engagement rules in the Code of Conduct. [14] This Tribunal has also considered attempts to force a client to withdraw a complaint they have made to the Authority. It has found that when an adviser offers p...

2. Wellington Standards Committee 2 v McDonnell [2022] NZLCDT 18 (13 June 2022) [pdf, 112 KB]

   ...under s 242(g). Ms Pender argued such an order could have symbolic value, but we find that to be unnecessary. In this case there is no prospect of rehabilitation because Mr McDonnell will not practise law again. Thus, there is no future need to protect the public. Our condemnation can satisfactorily be reflected in the terms of this decision, and in censure, compensation and costs. [24] Mr Turkington sought an order for name suppression for Mr McDonnell under s 240 of the Act....

3. WQ v Emberson [2019] NZIACDT 28 (8 May 2019) [pdf, 186 KB]

   ...well aware that his agreement was with the law firm. She believed that the complainant and the law firm were complicit in the complaint to the Authority. It was a malicious, frivolous, and vexatious complaint to undermine someone with a spotless career of 16 years in immigration. [29] Ms Emberson set out how she came to work at the law firm. She had expected a written agreement with the firm and was given all sorts of excuses as to why the agreement and her Dubai visa, sponsore...

4. LCRO 6/2022 ZED Limited v RK (21 February 2022) [pdf, 194 KB]

   ...the fact that the core instructions to Mr RK of issuing judicial review proceedings, were necessarily supplemented by injunction and caveat proceedings. The supplementary litigation produced a desired result for Mr YP in that his position was protected pending disposition of the judicial review proceedings. [87] An arithmetical calculation of the nett fees charged divided by Mr RK’s hourly rate, produces total time spent on the litigation and its related issues, of some 85 hours....

5. Martin v Accident Compensation Corporation (Treatment Injury) [2025] NZACC 35 (26 February 2025) [pdf, 263 KB]

   ...changed the treatment provided. [12] The parties agreed to phrase the issue to be determined as: Was Mr Chou’s decision to conduct left ulnar osteotomy correct – in other words, did that decision deviate from an objective standard of care? Medical Background. [13] Ms Martin presented to the emergency department at Wellington hospital on 5 December 2020. She left after being triaged but at that point the conclusion was a decreased range of motion and no deformity seen. A...

6. ENVC Hearing 6Oct14 TGKL lay attach 8 state of gulf [pdf, 7.9 MB]

   ...assessment for publication the Forum asked for feed back on options to address the adverse environmental impacts it identifies. I expect that this will include an expanded set of indicators which enables us to track progress towards clear targets and carefully planned interventions aimed at protection and enhancement. This is needed to ensure a rich diversity and abundance of fish and marine life in the Hauraki Gulf in the future. Mayor John Tregidga Chair Hauraki Gulf Forum State of t...

7. Robinson v CAC 20006 & Wagner [2014] NZREADT 57 [pdf, 62 KB]

   ...Trust had not been inserted in the listing agreement, and the complainant had not signed it. Advice had been given to the agency that both the trustees must sign all contractual documents. The licensee, as branch manager, should have exercised more care, competence and diligence in the listing of the property. The Committee said: “[4.9] The Committee finds that the Licensee in his position as branch manager of the Agency should have exercised more care, competence and diligence in...

8. GU v TI LCRO 258 / 2010 (19 December 2011) [pdf, 129 KB]

   ...reason that he did not comply with the Rules, the Trust Account Regulations or the Act. It is not therefore appropriate that Mr TI be ordered to refund the fees as sought by Mr GU. [79] One of the purposes of the Lawyers and Conveyancers Act is to protect the consumers of legal services (section 3(1)(b)). Any unauthorised dealing with client funds must have some disciplinary response if the purpose of the Act is to be upheld. In this regard I differ from the Standards Committee in...

9. Van Workum & Ors as Trustees of the Van Workum Family Trust v Auckland City Council [2010] NZWHT Auckland 20 [pdf, 210 KB]

   ...amount estimated to remedy those defects of $309,319.88 are conceded. CLAIM AGAINST ROWLEY JOHN CROWTHER [20] In their Closing Legal Submissions dated 22 March 2010 the claimants allege that real estate agents have both a tortious duty of care to purchasers in respect of advice given by the agent and that they are liable under the Fair Trading Act 1986 (FTA) for misleading conduct or misrepresentations. Based on the conduct of Mr Crowther leading up to the purchase of th...

10. CK v Auckland Standards Committee LCRO 63 / 2011 (11 October 2013) [pdf, 130 KB]

    ...professionalism was found wanting, I do not see that there is a proper basis for finding that the Practitioner was in breach of Rule 13. The Standards Committee may have been influenced by the unequivocal language used by the Court, but it ought to have carefully scrutinised exactly what the criticism related to. Having carefully considered the information I conclude that the Standards Committee erred in finding that the Practitioner had breached Rule 13. Standard of Professional...