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1. Bisschoff v Yerman [2015] NZIACDT 101 (11 December 2015) [pdf, 165 KB]

   ...obligations she understood at the time. The second ground of complaint – written agreement [36] There is no factual dispute relating to this element of the complaint. The 2010 Code has a strict prescriptive requirement for a written agreement. That protects both licensed immigration advisers, and their clients. [37] In this case, Ms Yerman had a satisfactory agreement, the services related to applying for work visas and residence visas. When entering the agreement Ms Yerman anticipa...

2. Auckland Standards Committee v Stirling [2010] NZLCDT 4 [pdf, 224 KB]

   ...were drafted by another firm which the practitioner considered to be acting in conjunction with the practitioner on behalf of the client, that that somehow removes or lessens the obligations on the practitioner to ensure that the undertakings are carefully examined, and that the facts stated or actions to be performed are within the practitioner’s personal knowledge or control. Discussion and Findings [40] The accepted test for misconduct in professional capacity is that set out...

3. Kartikeya v Fernyhough [2014] NZIACDT 44 (03 April 2014) [pdf, 239 KB]

   ...in partnership deals dishonestly with clients, the partners of the dishonest partner will not be guilty of professional misconduct simply due to the partnership association. They will have to be found to have had knowledge or failed to exercise due care, to be guilty of professional misconduct based on the conduct of another person. [40] The Tribunal is required to determine facts on the balance of probabilities; however, the test must be applied with regard to the gravity of the findin...

4. Williams v Accident Compensation Corporation [2017] NZHRRT 26 [pdf, 174 KB]

   ...significant deterioration” ACC on 24 December 2014 told Mr Williams the weekly compensation payments would cease on 21 January 2015. The letter relevantly stated: We’ve received a medical follow up report from Dr Rod Douglas. After looking carefully at all the medical information available we’re unable to continue with your entitlements after the 21 st January 2015 … We’re unable to continue providing you with this support as the medical information shows that your in...

5. LCRO 323/2013 AZ v BY (22 June 2017) [pdf, 220 KB]

   ...payment to her husband within 12 months from the date of the mediation. Mr AZ also complains that Mr BY did not give advice to his mother about her duties as a trustee which were breached by her in allowing the property to become subject to a caveat protecting Mr BY’s fees. The Standards Committee determination [13] The Standards Committee identified five issues to be addressed:9 i. Overcharging in respect of relationship property proceedings between Mrs AZ (the complainant’...

6. LCRO 180/2018 & 186/2018 KM on behalf of XYZ Trust v DF (5 May 2020) [pdf, 159 KB]

   ...7 Standards Committee determination at [9]. 8 At [10]. 9 At [18]. 10 At [18]. 6 It is clear from the statement of claim which Mr DF provided with his response to the complaint that he gave the Trust’s claim against [City A] Council careful thought. [31] It observed “that the case was a technically complex one and the statement of claim gives the impression that Mr DF had a thorough understanding of matters”.11 [32] Finally, the Committee considered:12 …that ther...

7. Auckland Standards Committee v Stirling [2010] NZLCDT 4 [pdf, 224 KB]

   ...were drafted by another firm which the practitioner considered to be acting in conjunction with the practitioner on behalf of the client, that that somehow removes or lessens the obligations on the practitioner to ensure that the undertakings are carefully examined, and that the facts stated or actions to be performed are within the practitioner’s personal knowledge or control. Discussion and Findings [40] The accepted test for misconduct in professional capacity is that set out...

8. [2012] NZEmpC 129 Liu v South Pacific Timber (1990) Ltd [pdf, 121 KB]

   ...Media Ltd [2011] NZEmpC 139. 7 Reg 6(2)(a)(ii). 8 [2005] ERNZ 1053. 9 At [13]. [10] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd 10 as follows: The rule itself contemplates an order for security where the plaintiff will be unable to meet an adver...

9. Jenner v CAC 10163 & QS - Sanitised [2011] NZREADT 35 [pdf, 123 KB]

   ...the negotiating of the sale price. However this is not unusual in many real estate transactions. The successful conclusion to a real estate transaction is when the property is sold and the monies are paid out. It is at this time when the utmost care needs to be taken by an agent. When dealing with money which belongs to all the vendors an agent has an obligation to ensure that the utmost care is taken. It is not, in the Tribunal’s opinion sufficient to argue the facts outlined above...

10. Lambert v CAC301 & Ors [2015] NZREADT 65 [pdf, 204 KB]

    ...requirements to submit all written offers in Rule 10.10. She puts it that this must be done in the particular circumstances which arise, and neither Rule is absolute so as to trump the other as a matter of course. It is submitted that, in a consumer protection regime with the obvious desirability of the free flow of information allowing consumers to make informed choices, there will be a heavy emphasis on the need to follow the process of submitting all written offers to vendors. [34...