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1. Orsborn v CAC 20006 & Warwick Collier & JVL Prestige Realty Ltd [2012] NZREADT 73 [pdf, 51 KB]

   ...Rather, the appellants’ claim for compensation is seemingly based on the licensee’s and the agency’s unsatisfactory conduct in misrepresenting the features of the property in their advertising. [39] The Act was introduced specifically to better protect the interests of consumers in respect of real estate transactions. A key means of achieving that purpose was the creation of a wide range of discretionary orders available on findings of unsatisfactory conduct or misconduct, inclu...

2. GUY Scott Grahame (CSU 2010 PNO 261) [pdf, 409 KB]

   ...in whose care they were at the time they sustained fatal injuries. 46. With respect to the present case I am satisfied on the basis of the evidence and information available to me that there are no known suspects whose reputations need to be protected by a finding of fact as to the identity of the killer. Ruling 47. I am satisfied having regard to the purposes of a coroner’s inquiry that the circumstances of Mr Guy’s death have been adequately established in the course of...

3. AI v AJ LCRO 01/2012 (21 November 2014) [pdf, 53 KB]

   ...investigations necessary to conduct that review, and therefore clearly contemplates the review officer reaching his or her own view on the evidence before her. Reverse Briefs [27] Mr AK was a barrister sole. Rule 14.4 of the Conduct and Client Care Rules3 [28] A practice has arisen around compliance with the intervention rule which has come to be known as a “reverse brief” whereby a barrister sole will arrange for a solicitor to act as his or her instructing solicitor. Ther...

4. VR v AL LCRO 236 / 2012 (31 May 2013) [pdf, 115 KB]

   ...rather just sign it and be done with it! Compromise has already been made for me which I am happy with (thanks to you for that!) and I think that it is a very unlikely situation that [Mr VR] & I will have a child. I plan to have a strong career and make my own money (as much as or more than [Mr VR]) therefore the Agreement is not going to disadvantage me if we did happen to break up later on down the track. I am not sure whether you will want me to come back in and meet with...

5. LCRO 242/2014 HW v DL [pdf, 122 KB]

   ...have enabled that lawyer to be sure that Mr TM was not being disadvantaged. By requiring Mr TM to take independent advice the respondent would then have been free to offer full and frank advice to Mr HW, if only to ensure that he was sufficiently protected to enable the obligations to the bank to be met so that the property was not at risk of being seized by the bank pursuant to its security. [43] The respondent has failed in his duties to the parties and is in breach of r 6.1 of...

6. Restorative justice: Best practice framework August 2019 [pdf, 1006 KB]

   ...‘Principles of Best Practice’ and the restorative justice providers’ ‘Statement of Restorative Justice Values’. The document noted that ‘the use of restorative justice processes in cases of family violence and sexual violence must be very carefully considered’. In 2013, Restorative Justice Standards for Family Violence Cases and Restorative Justice Standards for Sexual Violence Cases were developed that recognised the additional safeguards and processes needed when deal...

7. Auckland Standards Committee 2 v Lawes [2019] NZLCDT 19 [pdf, 366 KB]

   ...agree with Mr Kitching’s recommendations. We note that the practitioner provides client information where overhead costs may be passed on. We intend to make no further comment on this. Charge 1 – Issues 1 to 3 [28] The Tribunal considered carefully the responses provided by the practitioner to the concerns. In essence, he has acknowledged that he may have failed in some respects to have complied with the requirements of the Act, the Rules and the Regulations. However the T...

8. [2020] NZIACDT 8 - GQ v Ramos (10 February 2020) [pdf, 123 KB]

   ...Moses, counsel 2 PRELIMINARY [1] The complainant, GQ, instructed the adviser, Ms Genoveva Evelyn (Gennie) Ramos, to obtain a post-study (employer assisted) work visa, following study in New Zealand. The complainant had an offer to work as a caregiver. The visa application made was unsuccessful as Immigration New Zealand did not regard the job as related to the qualification obtained. The complainant alleges that Ms Ramos was incompetent. [2] A complaint against Ms Ramos...

9. Auckland Standards Committee v Fendall [2012] NZLCDT 1 [pdf, 92 KB]

   ...amount. She also repaid the Ministry of Justice $4,123 it had been overcharged. [12] The Legal Services Agency concluded, following the investigations, that there was no dishonesty. It accepted that it was a matter of failure to take proper care when recording time and subsequently invoicing charges based on that incorrect time record. This also appears to have been the view of the Serious Fraud Office, to whom a complaint about Ms Fendall’s invoicing practices had been made, as...

10. [2015] NZEmpC 92 Hally Labels Ltd v Powell [pdf, 426 KB]

    HALLY LABELS LIMITED v KEVIN POWELL NZEmpC AUCKLAND [2015] NZEmpC 92 [16 June 2015] IN THE EMPLOYMENT COURT AUCKLAND [2015] NZEmpC 92 ARC 35/11 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN HALLY LABELS LIMITED Plaintiff AND KEVIN POWELL Defendant Hearing: 31 March-4 April 2014 2-12 February 2015 23-24 February 2015 Appearances: C T Patterson and A Halloran, counsel for plainti