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1. HR v OW & CT LCRO 79/2014 (8 September 2015) [pdf, 299 KB]

   ...responsible for the lawyer’s conduct; that is their concern. Putting the financial costs to one side for a moment, it is clear from Mr 6 HR’s evidence that the lawyers’ conduct in this matter has caused him significant inconvenience. The consequential orders made under s 156 should address the unsatisfactory nature of the conduct. Apology [25] The combination of s 156(1)(c) and s 211(1)(b) enables a LCRO to order a lawyer to address his or her unsatisfactory conduct...

2. Wellington Standards Committee 2 v O'Connor [2023] NZLCDT 21 (17 May 2023) [pdf, 196 KB]

   ...appellant who is prevented from earning his or her livelihood but points out that Parliament must have been well aware of such an outcome:8 It clearly chose to introduce a regime designed to ensure that the community was protected notwithstanding the consequential hardship for an appellant and his or her clients. [32] Mr Hart’s application was dismissed. A discussion of relevant factors [33] While accepting that Mr O’Connor’s clients, including his current pro bono clien...

3. Appendix One to Cabinet Paper Reforming the Privacy Act 1993 [pdf, 378 KB]

   ...it is timely to issue a code of practice or guidance covering Transferred to the Privacy biometrics Commissioner for consideration. 116 The Marketing Association’s Do Not Call register should be put on a statutory footing under the reformed consumer legislation and the Ministry of Consumer Affairs should initiate the necessary policy work to progress this initiative This recommendation was considered by Cabinet in the context of the Consumer Law Reform Bill (EGI Min (12) 16/5)....

4. LCRO 57/2014 IW v PP [pdf, 279 KB]

   ...while also explicitly stating that fees would not exceed a certain figure. [57] The Committee concluded that the wording was "at best, unclear and inconsistent" and that in those circumstances “a lawyer should err in favour of the consumer’s, his client’s, view”.5 Mr IW’s conduct [58] As a preliminary issue, the Committee dealt with the issue of whether or not a complaint had been made about Mr IW, having regard to Mr PP’s statement that “he did not wish t...

5. Pio v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 142 [pdf, 303 KB]

   ...Corporation’s position is that the relevant date of injury was 21 March 2014 when bilateral carpal tunnel syndrome was first diagnosed and was caused by Mr Pio’s working in a mussel factory. The laceration of the nerve was a treatment injury consequential on the covered injury caused by the accident on 21 March 2014. The first operation was on 20 November 2015, which was the date of the injury by laceration to the palmar cutaneous branch of the left median nerve (the treatment...

6. Domb v REAA Registrar [2014] NZREADT 5 [pdf, 150 KB]

   ...applicant and for other real estate agents. [5] It is put by Mr Clancy that this case concerns the Registrar’s ability to make properly informed decisions about the fitness and propriety of an applicant for a licence, and that this is no less than consumers and industry members would reasonably expect. [6] Mr Clancy submits that the Registrar has not sought consent to disclosure of information beyond the scope of that which is permitted under the statutory scheme; that the stat...

7. Ms C v CAC 10036 & Whitehorn [2012] NZREADT 53 [pdf, 47 KB]

   ...against the licensee. If the licensee was a salesperson under the former regime, then the CAC cannot make any orders against the licensee. Publication Provisions [28] The purpose of the 2008 Act is to promote and protect the interests of consumers in respect of transactions which relate to real estate and to promote public confidence in the performance of real estate agency work. The Act aims to achieve its purpose by regulating licensees, raising industry standards, and providi...

8. CAC 20006 v Spencer [2013] NZREADT 55 [pdf, 47 KB]

   ...that even mature and experienced vendors will trust their agent. It is important that the agent act in an independent and professional manner and that the overall objectives of the vendors are paramount. The agent's desire for a sale, with consequential commission to the agent, must not become influencing factors in the advice from the agent, as a fiduciary, to his or her principal.” [12] Managing transaction "chains", i.e. where clients’ decision to buy or sell one...

9. Khan v Khetarpal [2016] NZIACDT 6 (22 January 2016) [pdf, 239 KB]

   ...Ms Khetarpal for two reasons: [30.1] First, she was not an unskilled migrant completing her own EOI; she was a licensed professional who is required to have a complete and nuanced understanding of residence instructions and offered those skills to consumers in return for payment. It is a matter of concern that, even now, she appears to seek to justify her conduct by the standard applied to a well meaning but unknowledgeable person acting on their own behalf, without training. [30.2] Se...

10. J v Khetarpal [2016] NZIACDT 7 (22 January 2016) [pdf, 243 KB]

    ...two reasons: 7 [30.1] First, she was not an unskilled migrant completing her own EOI; she was a licensed professional who is required to have a complete and nuanced understanding of residence instructions and offered those skills to consumers in return for payment. It is a matter of concern that, even now, she appears to seek to justify her conduct by the standard applied to a well meaning but unknowledgeable person acting on their own behalf, without training. [30.2] Seco...