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1. BORA Sex Offenders Registry Bill [pdf, 24 KB]

   ...Any person, who has admitted an offence when given a Police caution, has a limited right to later challenge the inclusion of their details in the Register. Clause 12 of the Bill enables an offender whose name is on the registry to request that the responsible Minister correct any information. In deciding whether or not to correct (including remove) the information the Minister would be making a determination and so section 27(1) would apply and the Minister would therefore be required to...

2. LCRO 77/2017 RV v JH (31 August 2017) [pdf, 91 KB]

   ...without further cost to Mr RV, and refund the filing fee he had paid. [6] Mr RV objected to the delays and expressed his belief to Ms C that Baycorp had “been negligent and aiding and abetting criminal/s that owe [him] money”.2 [7] Ms C’s response referred to the advice Mr JH had provided to Baycorp, and on which it relied. Mr JH’s advice was to the effect that the contract on which Mr RV sought to rely in recovering the debt would support a claim for part but not all of th...

3. Tamaki - Paremata Mokau A7A1 (Mokau Marae) (2017) 163 Taitokerau MB 256 (163 TTK 256) [pdf, 268 KB]

   ...avoided, or that payments were justified or reasonable. Those payments were also made via the Mohimere Trust. [17] I consider the funds paid to the Mohimere Trust should be repaid to the Marae. While trustees are jointly and severally liable, the responsibility to repay these funds primarily rests with Adrianne. She personally received trust funds in breach of trust. Her brother was engaged and paid in breach of trust. Adrianne received an indirect benefit from the funds paid...

4. DML v Montgomery (Costs) [2014] NZHRRT 18 [pdf, 48 KB]

   ...the absence of express instructions, nevertheless submitted that as the plaintiff had paid no costs (representation being provided by the Director), the plaintiff had not actually incurred costs and therefore none could be awarded. The Director’s response [6] In reply submissions dated 17 March 2014 the Director drew attention to s 92C of the HRA and in particular subs (4) and (5) which proceed on the basis that where representation is provided to a person by the Director, all costs o...

5. Cavanagh v Nassiep [2012] NZIACDT 84 (18 October 2012) [pdf, 83 KB]

   ...Nassiep was only licensed by demonstrating she understood the Code of Conduct, and its requirements. Given her knowledge, her failure to apply the Code to her existing relationship with Mr Cavanagh is concerning and indicates she has never accepted the responsibilities of professional practice. Three significant manifestations of that were evidenced by her failure to: [20.2.1] have a written agreement; [20.2.2] deal with the client funds she held by banking them appropriately; and [...

6. Kumar v Lepcha [2011] NZIACDT 8 (22 March 2011) [pdf, 59 KB]

   ...are maintained. [11] In dealing with the appropriate sanctions to impose, it is relevant to consider the reasons for the Act, and its objectives. Until the profession was regulated, the great majority of advisers were professional people acting responsibly, and providing skilled service. There was, unfortunately, a small minority of unskilled and unscrupulous people providing immigration services. Immigrants are a vulnerable group and, in some instances, suffered serious harm from suc...

7. Xu v Noon [2014] NZIACDT 113 (16 October 2014) [pdf, 130 KB]

   ...statement that Mr Noon did not communicate orally and instead provided a copy of a letter. It appears the complainant intended to communicate that the adviser did not communicate orally, and did not provide a copy of the letter. [11] He also raised, in response to Mr Noon’s submission, various issues that essentially seek to broaden the complaint, or revisit aspects of the findings. http://www.justice.govt.nz/ 3 [12] The Tribunal has determined the complaint, and it is not...

8. IX v SC LCRO 226 / 2010 (13 March 2012) [pdf, 57 KB]

   ...wishes to pursue a claim based on the draft agreement to lease, which was never signed or agreed to by us, then we acknowledge that that is a separate issue and that we cannot stop such action being taken.” [17] I was somewhat puzzled by this response, given the indication in the letter of 2 June. [18] Nevertheless, as required by the Act, the review continued and a hearing was held on 8 March 2012. Ms IX was represented by Mr IY, but she herself was unable to attend through i...

9. Whitfield - Omahu 4C section 6 (2017) 56 Takitimu MB 233 (56 TKT 233) [pdf, 294 KB]

   ...settlement of both contracts shall be deemed to be independent and shall be effected “contemporaneously”. [2] Mr Alexander is not a member of the preferred class of alienees. Mr Bloor confirms that the appropriate notice has been given and that no responses from the preferred class of alienees had been received by the date of the present hearing. [3] Prior to Mr Alexander participating as the intended purchaser of Omahu 4C Section 6, Mr Whitfield had an agreement to sell the la...

10. Canterbury District Law Society v Horne [2009] NZLCDT 4 [pdf, 75 KB]

    ...and sought to right the situation with the lender without recourse to insurers or other parties. [9] In terms of mitigating features, firstly, there is the entry of a guilty plea or acknowledgement of this charge at the earliest date and his response, in our view, to the complaint does Mr Horne credit. He repaid the $50,000 to his client within a month, he has not been refunded by the client and it may be difficult for him to recover these funds in the future. He has not sough...