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1. INZ (Foley) v De'Ath [2018] NZIACDT 44 (6 November 2018) [pdf, 273 KB]

   ...complaint has been upheld, the Tribunal may impose sanctions pursuant to s 51 of the Act. [83] A timetable is set below. Any request that Mr De’Ath undertake training should specify the precise course suggested. Any request for repayment of fees or the payment of costs or expenses or for compensation must be accompanied by a schedule particularising the amounts and basis of the claim. Timetable [84] The timetable for submissions will be as follows: (1) The Authority, the com...

2. WQ v Emberson [2019] NZIACDT 28 (8 May 2019) [pdf, 186 KB]

   ...4 [18] The complainant sent further emails on 3, 4, 5 and 9 October 2016 seeking additional information from her and/or another employee of the law firm. [19] The complainant sent an email to Ms Emberson on 10 October 2016 seeking urgent feedback on three queries that had been unanswered. An employee of the law firm answered them on the same day. Ms Emberson also responded on 10 October 2016 apologising for the delay and stating that the work had all been done and he would c

3. WQ v Emberson [2019] NZIACDT 39 Sanctions (14 June 2019) [pdf, 102 KB]

   ...providing for the regulation of persons who give immigration advice. [15] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:2 …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 the practitioner for misbehaviour, although it may have that effect, but to ensure that appropr...

4. 2025 NZPSPLA 098.pdf [pdf, 141 KB]

   ...Winiata operated Security Brokers under the company license of Guardforce. This is in breach of section 39 of the Act. [15] Whilst it appears likely that Mr Winiata did commit this breach of the Act, the evidence does not establish that he did to the civil standard of proof, the balance of probabilities. [16] Section 43 of the Act requires license holders to file annual returns. It is an offence to breach this section. [17] Mr Winiata accepts he failed to file annual returns f...

5. CAC 10007 v Wallace [2012] NZREADT 34 [pdf, 222 KB]

   ...was acting for him and his wife as their real estate agent, although he did not seem to understand that in New Zealand real estate agents normally act for a vendor and are paid commission through the vendor. Mr Burt expected the defendant to get a fee for selling him property but that the fee would come from the vendor. At one stage Mr Burt put it “the whole time we thought she was our purchasing agent”. [18] It does not seem to be in dispute that the defendant did not tell the...

6. CAC 20003 v Jhagroo [2014] NZREADT 8 [pdf, 193 KB]

   ...Khan and Associates, for not advising them of the risk that the transaction might not settle due to the mortgage and caveats. They also sued Khan and Associates and received an out-of-court settlement of $15,000. They say that, as a result of legal fees of $8,000, they were left with $7,000 from that settlement. Summary of Salient Evidence To Us The Evidence for the Prosecution [23] There were four witnesses for the prosecution, namely, Mr Leslie Divers, the solicitor for...

7. LCRO 167/2023 UG v XY and EP (17 July 2025) [pdf, 255 KB]

   ...as being: Applying for a Grant of Letters of Administration in relation to your late partner’s estate, and assisting you with any ancillary matters for which instructions are received. [6] The Letter of Engagement also included advice about fees: The basis on which our fees will be calculated is set out in our Terms of Engagement. [7] The Terms of Engagement included a section headed Basis for Charging, followed by the factors provided in r 9 of the Conduct and Client Care Rul...

8. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

   ...he had not advised her about the land covenant which was referred to in the valuation. (b) Negligence [48] AJ’s allegations include that, by not advising her about the land covenant, BN had been negligent. [49] Negligence, known as a “civil wrong” or a tort”, is a cause of action well- understood by the civil courts. Its components include a duty of care, a breach of that duty, and a measurable loss that has been caused by the breach of duty. [50] Findings of neglige...

9. [2025] NZREADT 08 - OQ v Knowles & Maclean (21 March 2025) [pdf, 327 KB]

   ...apply a percentage reduction to the starting point for any contributory negligence or failure by the complainant to mitigate their loss. [86] The Authority submits that they support OQ’s ability to claim for such costs as accounting and legal fees and for the legal fees of the purchaser as the purpose of compensation is to restore the complainant to their position as if the wrong had not happened. [87] With regard to the submission by the licensees that the commission repaid to OQ...

10. [2016] NZSSAA 020 (31 March 2016) [pdf, 71 KB]

    ...2008 onwards, only the family tax credit and the benefit payments paid to her were paid into this account, together with Child Support. The account was primarily used for small purchases but also occasionally for credit card payments and childcare fees. As previously outlined, the appellant’s wages, when she was working, and Mr XXXX’s wages continued to be paid into the joint account throughout the period relevant to the appeal. The household expenses were paid from the account and...