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1. IE v X Ltd [2024] NZDT 587 (12 August 2024) [pdf, 262 KB]

   ...it accepts that a solicitor who drafted the EPA made errors, it does not consider that these errors are the cause of IE’s loss. 3. The issues to be considered are: a. Did X Ltd owe a duty to provide advice to IE with reasonable skill and care? b. Did X Ltd breach that duty by providing incorrect advice? c. Are the losses claimed a consequence of that incorrect advice? d. If so, how much compensation should be awarded against X Ltd? Did X Ltd owe a duty to provide advice...

2. Family violence information sharing guidance [pdf, 3.4 MB]

   ...is safe to do so 12 A. What if I can’t get consent? 12 B. When should I tell a person that I have shared their information? 13 C. Who can I share with if I do have consent? 13 Principle 3: You must consider sharing information if you think it will protect a victim or if you receive a request 14 A. Why is there a duty to consider sharing? 14 B. Why is sharing not compulsory? 14 Principle 4: You can share information for specific purposes 16 A. How do I request information? 16 B. How do...

3. Sharing Information Safely [pdf, 3.4 MB]

   ...is safe to do so 12 A. What if I can’t get consent? 12 B. When should I tell a person that I have shared their information? 13 C. Who can I share with if I do have consent? 13 Principle 3: You must consider sharing information if you think it will protect a victim or if you receive a request 14 A. Why is there a duty to consider sharing? 14 B. Why is sharing not compulsory? 14 Principle 4: You can share information for specific purposes 16 A. How do I request information? 16 B. How do...

4. Govind v Chandra [2018] NZIACDT 46 (15 November 2018) [pdf, 260 KB]

   ...[11] In a decision of the Health Practitioners Disciplinary Tribunal (HPDT), Re Tolland, the HPDT observed:1 Negligence, in the professional disciplinary context, does not require the prosecution to prove that there has been a breach of a duty of care and damage arising out of this as would be required in a civil claim. Rather, it requires an analysis as to whether the conduct complained of amount to a breach of duty in a professional setting by the practitioner. The test is whether o...

5. [2023] NZREADT 9 – Complaints Assessment Committee 2108 v O’Brien & Wildman (28 April 2023) [pdf, 247 KB]

   ...the Act, in that he engaged in seriously negligent or incompetent real estate agency work and/or wilfully or recklessly contravened any or all of rr 5.1, 5.2, 6.2, 6.3, 6.4 and/or 9.6 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). 2. In the alternative, he engaged in unsatisfactory conduct. Particulars 1. By offering and/or marketing the property for sale without an agency agreement, in breach of r 9.6. 2. By failing to ensure a...

6. LCRO 149/2020 WM v VE and DP (14 December 2021) [pdf, 361 KB]

   ...shareholders/directors rejected mediation. He “accepted” that having acted for the company, the firm could not act for a prospective purchaser, including a shareholder. He said the firm’s role would be confined to advising the company about protecting its interests concerning the proposed restructure. [12] In response on 14 October 2019, Dr WM’s lawyer demanded the firm “forthwith cease acting” for the company. He said Dr WM intended laying a complaint with the Law So...

7. [2021] NZIACDT 7 - IMH v Marica (22 March 2021) [pdf, 218 KB]

   ...immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice. [39] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:4 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish...

8. [2024] NZIACDT 08 - MT v Murthy (21 February 2024) [pdf, 127 KB]

   ...professional standards. The magnitude and reach of such disregard or inattention is aggravated and broadened by her past instances of misconduct. [11] The Tribunal’s attention is drawn to s 3 of the Act, setting out the purpose of the Act, namely protecting the interests of consumers. This is a key purpose of sanctions. [12] It is submitted that the wrongdoing could be described as being towards the higher end of the moderate level. Ms Murthy’s conduct is disquieting. She ha...

9. CR v TN LCRO 54/2014 (23 November 2016) [pdf, 75 KB]

   ...review of the determination by [Area] Standards Committee that Mr CR’s conduct constituted unsatisfactory conduct pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 by reason of breaches of rules 2.3, 10 and 13.2 of the Conduct and Client Care Rules.1 [2] The Committee censured Mr CR, ordered him to pay $2,000 to Mr TN by way of compensation for emotional stress, imposed a fine of $2,000 and ordered him to pay $1,000 to New Zealand Law Society by way of costs. [3] Mr CR...

10. OIA-109856.pdf [pdf, 1.6 MB]

    ...(GETS) website. o • Family violence programmes eligibility criteria: o Non-violence programmes are for respondents to protection orders and for defendants to charges of family violence offending. o Safety programmes are for individuals who are protected by a protection order, or have applied for an urgent protection order, but the order has not yet been granted. o Strengthening safety services is a more focused, individual assessment for adult victims of family violence offences in the...