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1. AJ v ZQ LCRO 134 / 2010 (7 February 2011) [pdf, 139 KB]

   ...letter of complaint, she advised that she considered that the Applicant had been influenced by his friendship with VC, and had retained funds from her share of the sale proceeds on instructions from him. [18] There is also reference by her to the fees charged by the Applicant in connection with the sale, but her complaint essentially in this regard relates to the fact that he retained the sum of $5,000 against potential costs that may be incurred by his firm (WM) to subsequently res...

2. Maori Incorporations Factsheet.pdf [pdf, 370 KB]

   ...The Court may, if it considers it is in the interests of the owners to do so, make an order incorporating as a Māori incorporation the owners of any one or more areas of Māori freehold land, of which at least one area is owned for a legal estate in fee simple by two or more owners (whether any such owner is entitled beneficially or as trustee). 2. Land whose beneficial ownership the Māori Land Court has determined by freehold order (that is, the Court has created a title for the land a...

3. C v I [2018] NZIACDT 20 (18 June 2018) [pdf, 213 KB]

   ...progress was made on the application and the status remains as “Payment Pending.” While the Complainant has been communicating with [a member of Mr I’s family] since the Adviser became unwell, he has been unable to obtain a refund of the fees he paid for services which were not carried out or advice as to where to get assistance. On 25 October 2017 a medical report, dated 15 September 2017, was provided to the Authority. The report of [a medical practitioner] states that the...

4. Saini v Dua [2016] NZIACDT 61 (26 September 2016) [pdf, 167 KB]

   ...request for Immigration New Zealand to apply a discretionary power to issue a visa, which Immigration New Zealand declined. Mr Dua then advised his client to lodge a further request on essentially the same grounds. Mr Dua also charged additional fees without obtaining an agreement in writing. [3.3] Mr Dua’s client was arrested and faced deportation as he was in New Zealand unlawfully. His client’s lawyer requested Mr Dua’s file, which would have potentially disclosed that Mr D...

5. Gupta v Dhar [2017] NZIACDT 11 (4 August 2017) [pdf, 231 KB]

   ...adviser’s current licence. The 9 Tribunal will reserve leave to alter the date of cancellation to avoid unnecessary disruption to the adviser’s practice. However, the adviser must pay the financial penalty, compensation and refund fees before making any application for a provisional licence. Compensation and the refund of fees [39] In relation to compensation, it is necessary to establish both a causal nexus between a professional breach and a loss. [40] The Tr...

6. [2020] NZIACDT 39 - IK v Tian (23 September 2020) [pdf, 213 KB]

   ...call logs and text messages. [19] In response to further questions from the investigator, counsel said on 27 September 2017 that the complainant did not sign any contract with Ms Tian and that he paid her a total of $24,000, including school fees. Apart from $7,000 transferred by the bank on 16 February 2017, the remainder was paid to Ms Tian in cash. [20] The Authority wrote to Ms Tian on 22 October 2019 informing her of the details of the complaint and inviting her explanatio...

7. BR v CS LCRO 226/2013 (20 October 2014) [pdf, 45 KB]

   ...aggrieved to exercise. [16] In this instance, it could be argued that it would not be reasonable to expect Mr BR to institute proceedings to recover $6,500. Nevertheless, Standards Committees and this Office will not be drawn into acting as a de facto civil court when determining complaints about a lawyer’s standard of competence. [17] Having made these observations, it is useful to have regard to judgments of the courts in negligence cases when considering whether a lawyer has reach...

8. [2023] NZEnvC 090 Cossens v Queenstown Lakes District Council [pdf, 173 KB]

   ...actual costs incurred, I consider a more conservative award is appropriate. Moreover, the matter was ultimately decided on the papers and did not require any formal hearing time. I therefore consider a contribution of $1,500 to QLDC’s legal fees is appropriate. [14] QLDC also seek disbursements of $200, relating to the Strike Out Application filing fee. I consider that recovery of this is reasonable in the circumstances. QLDC’s Strike Out Application was a reasonable respons...

9. [2024] NZIACDT 05 - UT v Lawlor (18 January 2024) [pdf, 148 KB]

   ...(Immigration NZ), the couple is married. [6] On 12 January 2022, the partner entered into an immigration services agreement with Mr Lawlor. He would prepare and lodge a resident visa application under the 2021 Resident Visa instructions. The fee was $2,500, including GST, but excluding the fee of Immigration NZ. It was payable in instalments. The partner had paid a total of $4,630 by 14 February 2022. [7] Mr Lawlor lodged the visa application with Immigration NZ on 29 April...

10. National Standards Committee v Shand [2019] NZLCDT 10 [pdf, 306 KB]

    ...against the Law Society is neither expressly prohibited nor discouraged by the Act. (d) The ambit of the Law Society’s responsibility in deciding whether to bring disciplinary proceedings is far greater than for a litigant bringing ordinary civil proceedings. The Tribunal is dependent on the Law Society to bring properly justified complaints of professional misconduct to its attention. Accordingly, the Law Society has an independent obligation of its own to ensure that the Tri...