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1. [2014] NZEmpC 97 S v L Ltd [pdf, 129 KB]

   ...given by witnesses for the company. [32] Analysis of those requirements begins with L Limited’s letter of 14 January 2013, in which it sought S’s agreement to keep it informed of relevant developments. These conditions which S accepted were carefully worded to allow L Limited to deal with the actual and potential consequences to it of the charges against S. They were arguably of minimal intrusion. Contrary to S’s pleaded assertion, they were not for the purpose of allowin...

2. Brokenshaw - Te Kaha B6X2 (2003) 81 Ōpōtiki MB 18 (81 OPO 18) [pdf, 891 KB]

   ...the issues before the Court. On the 12th of April 2002, I directed that these documents be circulated to Mr Peterson. Then an affidavit from Caroline was filed in April 2002 without the advice of counsel. The Court was told that prior to Valerie caring for her father, her sister Donna Honecombe had looked after her stepfather and her mother. Donna stayed at the house until some time after her mother died. Valerie Ottoway came 4-5 months later. She also responded to a number of allegat...

3. Boyce and Bates v The Real Estate Agents Authority [2017] NZREADT 40 [pdf, 151 KB]

   ...purchaser from the lack of disclosure. The Committee referred to the Tribunal’s statement in its decision in Wright v Complaints Assessment Committee 10056 that the emphasis in r 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) is that licensees must ensure that they are open and honest with a purchaser so that they are not misled in their decision to make an offer to purchase a property.7 We set out the following reasoning from...

4. [2020] NZREADT 28 – Daji v Real Estate Agents Authority (25 June 2020) [pdf, 226 KB]

   ...directly with the vendor despite being advised of the existence of the sole agency agreement which did not expire until 13 September 2018. This decision was also made with reference to the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). [19] The Committee then expressed its conclusion differently:3 On the complaint against the Licensee that she has circumvented the sole agency agreement with [Harcourts] by engaging directly with the vendor d...

5. LCRO 36/2020 SW v LN (4 October 2021) [pdf, 172 KB]

   ...with what the parties were advised in the Case Manager’s letter dated 7 September 2020, I infer that Mr LN is content for Mr SW’s review application to be dealt with on the papers. [42] On the basis of the information available, which I have carefully considered, I have concluded that the review may be adequately determined on the papers and in the absence of the parties. [43] I record that I have carefully read the complaint, the Committee’s decision and the submissions fil...

6. [2023] NZIACDT 26 - BL v Registrar (10 October 2023) [pdf, 241 KB]

   ...attaching a copy of her “Authority & Instructions Terms Of Engagement & Client Care Rules”, for the appellant’s “immigration case” and a s 61 request if required. The appellant was advised she could also appeal to the Immigration and Protection Tribunal within 42 days of receiving the decline letter. [18] In a further email on the same day (at 12:00 pm), the adviser stated that the initial consultation had consisted of an assessment of the appellant’s situatio...

7. [2025] NZREADT 21 – BS & QS v Upton (16 June 2025) [pdf, 270 KB]

   ...Representing to the purchaser in advertising material and in-person that services (power, water and phone) were provided to the boundary or driveway of the section, in breach of rr 5.1 and 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules).3 2 Complaint No: C44708 Decision finding of unsatisfactory conduct (26 April 2023); BoD at 506– 514. 3 Rule 5.1: A licensee must exercise skill, care, competence, and diligence at all times when ca...

8. Otago Standards Committee v Saunderson-Warner [2013] NZLCDT 15 [pdf, 231 KB]

   ...from the said Mr S were certain to generate more significant work and fees than any remaining work for Dr and Mrs H; 3 (e) The conduct set out in the preceding paragraphs was contrary to rule 4.2 of the Lawyers: Rules of Conduct and Client Care Rules. Charge 2 In the alternative to Charge 1, the Otago Lawyers Standards Committee charges Sarah Astrid Saunderson-Warner of Dunedin, Lawyer with misconduct under s.7(1)(a)(i) of the Lawyers and Conveyancers Act 2006 (“the Act”...

9. Waikato Bay of Plenty Standards Committee 1 v Campion [2019] NZLCDT 20 [pdf, 582 KB]

   ...the solicitor of the estate is properly regarded as “work that is incidental” to the other established classes of legal work set out in s 6 of the Act.” [74] The LCRO noted (paragraph [29]) that one of the central purposes of the Act was to protect consumers of legal services and conveyancing services. As a result the LCRO considered that it was appropriate to interpret the Act in a way which was consistent with the protection of consumers of legal services. [75] The LCRO co...

10. LCRO 18/2021 MB v RP and ND (14 October 2022) [pdf, 265 KB]

    ...allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. 6 [31] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that nece...