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1. Wellington Standards Committee 2 v Austin [2016] NZLCDT 33 [pdf, 62 KB]

   ...conduct and to withdraw the earlier proposed alternatives of misconduct and negligence. Leave was granted accordingly and following submissions on penalty the Tribunal imposed the following orders: 1. A censure was given to the practitioner, the form of which is attached as Appendix 2 to this decision. 2. A fine of $3,000 was imposed. 3. An order for costs of the Standards Committee in the sum of $11,086, pursuant to s 249. 4. An order was made pursuant to s 257 against the New...

2. MSC v Scholes [2013] NZIACDT 58 (10 September 2013) [pdf, 239 KB]

   ...Ms Rubio of PHP 25,000, which she understood to be a fee for applying for a visa. Visa application - declined [28] On 22 September 2010, Ms Scholes lodged a visa application for the complainant. [29] On 4 October 2010, Immigration New Zealand requested information regarding the complainant’s financial situation. [30] On 11 October 2010, Ms Scholes responded to Immigration New Zealand’s request with further information. [31] On 29 October 2010, Immigration New Zealand declined t...

3. Memorandum of counsel for the Auckland Council in support of Notice of Motion under s291 of the RMA applying for waivers and directions dated 9 May 201 [pdf, 12 MB]

   ...Application). The RC Application seeks consent for a scheme known as the 'Wynyard Hobson proposal' and replaces an earlier application lodged in January 2018 for a different scheme, which has been withdrawn by Panuku. 2. Panuku lodged a request with the Council on 17 April 2018 under section 870 of the RMA that the Council allow the RC Application to be determined by the Environment Court. The Council granted that request under section 87E on 7 May 2018. 3. As matters pres...

4. Otago Standards Committee No. 1 v Zhao [2016] NZLCDT 22 [pdf, 115 KB]

   ...framed so as to set out four different categories of default: 1. Failure to pay client money into a trust account; 2. Failure to ensure client money earned interest; 3. Personally earning interest from client monies; 4. Failure to act upon a request to uplift client documents. [3] The facts are largely undisputed, and the defaults acknowledged. The hearing was required because Mr Zhao disputed the level of seriousness claimed by the Standards Committee. In addition, Mr Zhao rais...

5. Taueki - Horowhenua X1B41 North A3A and 3B1 (2008) 16 Aotea Appellate MB 30 (16 WGAP 30) [pdf, 10 MB]

   ...for me on my behalf at the Special Meeting for the Proprietors of Hanita Incorporation to be held on 21st January 2007 and any adjournment thereof. Signed this day of 20 Signature of Member " Q [10] No evidence was given as to when the proxy forms were received by the office of the Incorporation. Three of the 13proxy forms were dated 21 January 2007, being the date of the meeting. All but one of the proxy forms appointed a current member of the committee of management of the Incorpo...

6. Haydyn du Fresne v CAC 406, Watkins & Fitzsimons [2019] NZREADT 6 (11 Feb 2019) [pdf, 274 KB]

   ...under great stress. It may be that in appropriate circumstances, the Tribunal would accept that the personal circumstances of a client were such that he/she was unusually vulnerable to pressure and unable to resist unreasonable suggestions or requests, and that that could affect the issue of whether the advice given crossed the boundary from what was legitimate to what amounted to undue pressure. However, a general comment that the appellant was subject to stress, unless it is suppo...

7. LCRO 05/2018 ZZ v XX and WW Lawyers (26 September 2018) [pdf, 232 KB]

   ...actions or proceedings affecting the franchisee or the guarantors before any Court or other body, which may materially adversely affect the financial condition or operation of the franchisee or the guarantors or materially impede their ability to perform their obligations under the franchise agreement or the securities. [7] At the time the purchase negotiations were progressing, Mr ZZ had an assault charge before the court which was awaiting a hearing. [8] The question as to whether d...

8. [2020] NZREADT 31 – Turoa v Real Estate Agents Authority (30 July 2020) [pdf, 289 KB]

   ...He said that if they wanted to make an offer they would have to move fast and put it in that night, that is the night of Saturday, 17 February. This phone call took place at approximately 9.00 pm. Mr Turoa in that, or another, call gave them information including the price at which the property had been passed in at auction and advice as to the approximate level of any offer they would have to go if they would have a chance. The upshot was that the complainants decided they could go t...

9. [2023] NZEnvC 076 Noakes & Fruhling Trust v Waikato District Council [pdf, 609 KB]

   ...aside; c. All consequential amendments to give effect to the relief sought. Three submissions are attached to the notice of appeal, for the purposes of this decision they are collectively referred to as “the Submission”. The submission forms are in the name of Anna Noakes and do not mention Fruhling Trust. No party has taken any issue with this. Waikato District Council’s first and second case management memoranda noted the following preliminary issues with the scope of t...

10. LCRO 71/2022 OM v NT (22 July 2024) [pdf, 239 KB]

    ...agreement on dividing relationship property or a court order determining the distribution of the sale proceeds. … I would be grateful if an undertaking could be provided confirming that the sale proceeds will be held in your trust account as requested. Once I receive the undertaking, I will send through Ms EW’s executed A&I form. (f) There was then a telephone conversation between Mr DC and the applicant, following which Mr DC sent the applicant an email stating: Thank...