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

   ...ORDER OF DISPUTES TRIBUNAL [2024] NZDT 587 APPLICANT IE RESPONDENT X Ltd The Tribunal orders: The claim is dismissed. Reasons 1. IE has claimed that X Ltd failed to provide satisfactory advice to him about an Enduring Power of Attorney for his father (NE). In 2019, IE was ordered by the Family Court to refund approximately $137,000.00 of his father’s money to his father’s estate. IE submits that he thought he could use that money for himself...

2. HF v SZ LCRO 186 / 2009 (3 March 2012) [pdf, 83 KB]

   ...Also appearing was the Respondent with two members of her family, namely her sister and her uncle. 2 Review of substantive decision [3] The original complaint by the Respondent related to the practitioner having prepared a will, and enduring powers of attorney (welfare and property) for her mother, Mrs AW. The complaint arose because Mrs AW is known to suffer from some mental deterioration, and the Respondent, her daughter, was concerned that her mother had signed th...

3. NU v ZY LCRO 239/2012 (31 March 2016) [pdf, 105 KB]

   ...was at the time the complaints arose an elderly widow residing in a [City] rest home. Her faculties were declining. She owned one significant asset, a home which had been the family home for her and her late husband. [4] Mr NU enjoyed a long and enduring relationship with Mrs EL and her late husband. In 2007, shortly after her husband’s death, Mrs EL appointed Mr NU as her power of attorney for property. Mr NU had a background in the finance industry. For 2 some time he co...

4. Waikato Bay of Plenty Standards Committee No. 2 v Mr M [2016] NZLCDT 24 [pdf, 46 KB]

   ...Committee Practitioner In Person 2 DECISION OF TRIBUNAL ON LIABILITY FOR CHARGE Introduction [1] The practitioner, Mr M, had been friends with the complainant, Ms G, for over 40 years. In 2012 she appointed him as her attorney under an Enduring Power of Attorney (“EPA”), having consulted with her own lawyer, Mr G. [2] When, following hospitalisation in early 2014, a doctor certified in May 2014, that Ms G was no longer competent to manage her own a...

5. KB v JR LCRO 191/2012 (14 May 2014) [pdf, 192 KB]

   ...the complaints and review application be withdrawn. 2 [4] Attached to the letter from Mr CG was a certificate dated 2 August 2012 by Dr [X] which had the following heading: Health Practitioner’s Certificate of Mental Incapacity for Enduring Power of Attorney in Relation to Property. [5] This is a certificate which is required where incapacity is a prerequisite to the attorney acting under the power of attorney. The certificate given by Dr [X] was however that Mr CG...

6. Pue v Tapatu - Okawa A1B (2011) 268 Aotea MB 93 (268 AOT 93) [pdf, 165 KB]

   ...right of occupancy and ownership by adverse possession. She also says that the current resident of the allegedly encroaching dwelling is her father Ray Tapatu also known as Te Kerei Whatitiri. Ms Godkin further says that Ray Tapatu has executed an enduring power of attorney in her favour. [4] In the circumstances, I proposed to members of the Respondents’ whānau that counsel be appointed to represent them, given the seriousness of the allegations. Orders were drawn to appoin...

7. LCRO 116/2019 RLF v DN (29 January 2020) [pdf, 211 KB]

   ...Mr LF at the family home to locate “further specific items which [Mr LF] can establish he owns”.6 (2) Mr DN’s actions as BG’s (successor) attorney [31] Noting that the Family Court had jurisdiction over attorneys in respect of enduring powers of attorney, the Committee declined jurisdiction to consider Mr LF’s 6 The passages quoted are contained in Mr DN's 17 January 2019 email to Mr LF's lawyer, Ms AD. 6 c...

8. TX v NE LCRO 03 / 2012 (18 February 2013) [pdf, 121 KB]

   ...sought a review of the Standards Committee’s decision and she is referred to as the Applicant throughout. [2] The Applicant’s complaint relates to the conduct of the Practitioner when she acted for the Applicant’s mother, TY, through TY’s attorney, ND (the Attorney). TY was elderly at the time and issues arose as to whether she had capacity to manage her own affairs. The Applicant complained to the New Zealand Law Society that the Practitioner had acted inappropriately w...

9. LCRO 03/2012 TX v NE [pdf, 221 KB]

   ...sought a review of the Standards Committee’s decision and she is referred to as the Applicant throughout. [2] The Applicant’s complaint relates to the conduct of the Practitioner when she acted for the Applicant’s mother, TY, through TY’s attorney, ND (the Attorney). TY was elderly at the time and issues arose as to whether she had capacity to manage her own affairs. The Applicant complained to the New Zealand Law Society that the Practitioner had acted inappropriately w...

10. LCRO 84/2024 XA v MQ (25 February 2025) [pdf, 233 KB]

    ...complaint committee. [6] In the section asking the applicant for the outcome sought by him2 from the review, Mr XA wrote: Will advise. Background [7] In July 2022, Mr NQ and Mrs MQ instructed Mr XA to prepare new wills for them3 and to prepare an Enduring Power of Attorney for Mr NQ. [8] The wills and power of attorney were not completed until April 2023. [9] Mr NQ died the following month. [10] During 2022, Mr NQ and Mrs MQ also instructed Mr XA to act for them on the sa...