Search Results

1. RA v LZ LCRO 2 / 2011 (22 August 2012) [pdf, 182 KB]

   ...have stepped down as estate solicitor. (The Committee’s decision appears to contain an error in dating this communication in 2009). [15] (I observe at this point that the above appears to be references to the Rules of Conduct and Client Care 2008, which were not applicable to conduct that occurred prior to 1 August 2008. However, equivalent rules applied in the Law Practitioners Act, and contained in the Rules of Professional Conduct for Barristers and Solicitors. The ov...

2. [2021] NZREADT 06 - Silcock (22 January 2021) [pdf, 309 KB]

   ...the viewing was cancelled solely at the instigation of the prospective purchasers. [30] He submitted that viewed objectively, the texts and conversations show that Mr Watson was in fact acting in accordance with his obligation to exercise skill, care, competence, and diligence under r 5.1: [a] The prospective purchasers offered $850,000 on Thursday 25 July, then $880,000 at 7.25 am on Saturday 27 July; [b] The terms of the prospective purchasers’ interest were qualified by Mr...

3. [2021] NZIACDT 25 – RH v Ji (8 November 2021) [pdf, 211 KB]

   ...numerous provisions of the Code, so I will assess the complaint in terms of the Code. [44] As for the statutory ground of negligence, I do not see Mr Ji’s failure to comply with his pre-agreement and ‘paperwork’ obligations in terms of carelessness or a lack of reasonable care (except as to certain heads of complaint, as identified later). I see it as deliberate. It was the way he chose to deal with the complainant. [45] As for the dishonesty ground, despite Mr Ji choosi...

4. [2023] NZREADT 7 - CAC 2002 v Sun (6 April 2023) [pdf, 309 KB]

   ...seriously negligent or seriously incompetent real estate agency work by: (a) marketing and/or offering the five lots for sale without agency agreements being in place, in breach of r 9.6 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules); (b) misrepresenting the net size of three of the lots (Lots 1, 2 and 3) to the purchasers, and failing to take adequate steps to ensure prospective purchasers were informed of the need to obtain profession...

5. [2025] NZIACDT 36 – BL v Schoeller (17 July 2025) [pdf, 172 KB]

   ...future. She repeated her requirement for a clear update. [26] On that day (at 11:54 am), Ms Schoeller sent an email to the complainant with five attachments, including her “Authority & Instructions” and “Terms of Engagement & Client Care Rules” (all one document). The services to be performed were described as: 1. Further investigation of an interim visa and the processing of the reconsideration (for a fee of $575). 2. A s 61 request if required (for a fee of...

6. KN v Accident Compensation Corporation (Cover and Suspension of Entitlements) [2025] NZACC 24 (12 February 2025) [pdf, 318 KB]

   PURSUANT TO S 160(1)(b) ACCIDENT COMPENSATION ACT 2001 THERE IS A SUPPRESSION ORDER FORBIDDING PUBLICATION OF THE APPELLANT’S NAME AND ANY DETAILS THAT MIGHT IDENTIFY THE APPELLANT IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 024 ACAR 116/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN KN Appellant AND ACCIDENT COMPENSATION CORPORATION

7. [2023] NZREADT 2 - Wilson and Wilson v Registrar of the REAA (26 January 2023) [pdf, 222 KB]

   ...property. Fully informed about their situation, the vendors chose to work with another buyer. 2. The licensee complied with the Authority’s guidance around the use of face coverings and vaccination status. The COVID-19 Public Health Response (Protection Framework) Order 2021 had come into force on 2 December 2021. It introduced new requirements around face coverings. Under that order and industry guidelines, the licensee was able to ask open home attendees to wear a face c...

8. LCRO 158/2023 QMY v WAN (30 June 2025) [pdf, 241 KB]

   ...the notice of hearing, the applicant did seek to address the competent management issue. On the basis of the applicant’s assurance of personally signing up new clients, counsel submitted that this was not a case where any orders were required to protect the public and/or set professional standards. I am not confident that this assurance adequately addresses the management systems issue. [68] Counsel also provided additional information about Mr Y’s practice experience. A Review O...

9. Paul and Clare Dolheguy v CAC303 & Sonia Stott [2015] NZREADT 27 [pdf, 225 KB]

   ...sections. Mr Dolheguy had noticed that there were no boundary pegs to be seen but puts it that the licensee said what you see fenced here is yours, or he got that impression. The Cross-examination of Mr Dolheguy [22] Of course, Mr Dolheguy was carefully cross-examined by Ms MacGibbon and then by Mr Napier. He admitted to Ms MacGibbon that he had his lawyer vet all relevant documents, including the title to the property and the easement document, and emphasised that the state of the d...

10. J v Khetarpal [2015] NZIACDT 95 (05 November 2015) [pdf, 224 KB]

    ...has addressed. 1 The allegation Ms Khetarpal faced is set out in the Registrar’s Statement of Complaint, with particulars of three elements: [16.1] After accepting instructions, Ms Khetarpal had an obligation to perform her services with due care, diligence, respect and professionalism, and carry out her lawful instructions. Clause 1.1(a) and (b) of the 2010 Code placed that obligation on her. However, she potentially failed to do so. The complainant engaged her to request a work vi...