Search Results

1. LCRO 229/2017 and 021/2018 VL v YN (8 May 2019) [pdf, 257 KB]

   ...property which we sold we are now homeless. Devon VL did not act in accordance to her duties of care for us as clients. Devon VL did not act competently, in a timely manner or in accordance with instructions received. Devon VL did not act to protect or promote our interests. Devon VL did not treat us fairly. Mr CA’s submissions [18] Ms VL instructed Mr CA QC to act for her with regard to the complaint. Mr CA submitted that it would be appropriate for the Committee to take no...

2. [2020] NZIACDT 22 - NJUM v VOLE (2 June 2020) [pdf, 137 KB]

   ...breach of cl 1 of the Code (being professional) and of cl 31(a) (not providing false documentation to a visa officer). [18] Furthermore, it was found that Mr Vole had breached a number of other Code obligations: (1) He lacked diligence and due care in filing applications without the necessary documents, in breach of cl 1; (2) He failed to provide to the complainant written confirmation of material discussions with her, in breach of cl 26(c); and (3) He failed to provide to the...

3. Flewitt v New Zealand Law Society [2014] NZLCDT 64 [pdf, 43 KB]

   ...restore his professional practice and function an admirable goal in his recovery overall. In these terms I find no medial [sic] or psychiatric or psychological impediment to him functioning to his legal qualification. Prognostically, he seems very well protected by his motivation principally, his loving and stable relationship with Jackie and their children, his healthy lifestyle and a general attunement and vocational achievement in addictions care.” [22] In relation to the offending...

4. Guest v New Zealand Law Society [2009] NZLCDT 16 [pdf, 95 KB]

   ...particular mention of the dim view taken of argument put by the Law Society to support the abandonment of an undertaking given. We pay careful regard to those words, but do not consider they apply in the present instance. The information sought to be protected was in fact protected to the extent of the assurances which were given. We categorise those assurances as an undertaking meaning that the assurances were solemnly given and were intended to be relied upon. [16] In his s...

5. RV v ZL LCRO 85/2012 (23 May 2016) [pdf, 70 KB]

   ...appropriate for Mr ZL to act for both the vendor and the purchaser in a related party transaction, when the property was allegedly sold at a substantial loss and Mr ZL was aware of the original purchase price. (c) Whether Mr ZL breached any duty of care to Mr RV as a shareholder of [Company A]. [10] The Committee addressed each issue. Conflict of interests [11] The Committee noted that the issue was not so much one of a conflict of interests but whether Mr ZL potentially was in...

6. HNL v SEC [2013] NZIACDT 11 (19 March 2013) [pdf, 146 KB]

   ...If that view were reached, the complaint would potentially be upheld on the basis that Mr SEC charged excessive fees, and failed to refund fees pursuant to clause 3 of the Code when his engagement was terminated. Failure to complete the work with care [57] Mr HNL has complained that the work was not completed with care. [58] The material before the Tribunal was consistent with Mr SEC identifying information that was required, and a process having commenced for gathering the relevant in...

7. Human v New Zealand Law Society [2014] NZLCDT 32 [pdf, 174 KB]

   ...appellant has now also signed an Undertaking to the NZLS to meet with Mr Parmenter on the above basis, as well as to make payments against his fine, of $100 per month, increasing in accordance with his business plan. [27] We are mindful of the public protective objects of the Lawyer and Conveyancers Act (“the Act”), and the protection of the reputation of the profession, in making our assessment of whether this appeal ought to be granted. It is extremely significant from the...

8. Asad v Patel [2014] NZIACDT 61 (30 April 2014) [pdf, 138 KB]

   ...adviser. [39] I give the adviser the benefit of the doubt, and accept he may not have had actual knowledge of what his employees were doing. [40] However, I am satisfied the adviser failed to maintain adequate control over his office, and did not protect his client from his employee unlawfully providing immigration advice. [41] When the adviser did become aware that his employee provided immigration advice unlawfully, at latest July 2012, he should have inquired into the circumstances...

9. BORA - Abortion Legislation Bill: Attorney-General's opinion [pdf, 247 KB]

   ...physical health, mental health, and well-being. New section 11 limits the right to freedom from discrimination 5. To infringe the right to freedom from discrimination in s 19 of the Bill of Rights Act, a distinction must be drawn on the basis of a protected characteristic and constitute a material disadvantage to the affected members of that group. I have concluded new section 11 gestational limit impairs the s 19 right. That is because it constitutes disadvantageous differentia...

10. ORC & Kai Tahu Ki Otago - EIC - Edward Ellison - 17 September 2021 [pdf, 554 KB]

    ...beliefs our whakapapa is integrally linked with water and land, and this relationship is fundamental to the identity of Kāi Tahu, as mana whenua. This connection carries rakatira rights for mana whenua and also imposes kaitiakitaka obligations to care for freshwater (wai māori) and the life it supports. The health and wellbeing of water is seen as a reflection on the mana, health and wellbeing of mana whenua. 9 The primary resource management principle for Kāi Tahu is the pro...