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1. Devillers v CAC303 & Ors [2015] NZREADT 38 [pdf, 160 KB]

   ...that she was constantly told by text that the purchaser had not signed when she found out from another agent that the purchaser had been waiting some time for her to get back to them. (e) Lack of care: (i) Ms Devillers also complained that the response she received to her complaint was disrespectful and dismissive. Other issues [6] Ms Devillers said that despite a reduction in commission being negotiated down to $8,000 she had not agreed to pay this to the agents and it was sitting...

2. Adams v Aucamp [2015] NZIACDT 94 (22 October 2015) [pdf, 150 KB]

   ...message on the complainant’s telephone. [1.5] Mr Aucamp overcharged the complainant’s parents, and failed to refund the over- payment. [1.6] He did not have a written agreement for work he performed for the complainant’s parents. [2] In his response to the complaint, Mr Aucamp took issue with the allegations against him, and the Tribunal convened a hearing to determine the facts. Mr Aucamp attended the hearing, but did not give oral evidence. Accordingly, the issues are essentia...

3. Procter - Horowhenua 11 (2012) 293 Aotea MB 165 (293 AOT 165) [pdf, 160 KB]

   ...[27] In summary, having carefully considered the submissions that have been made, I am not persuaded that the Court should intervene to disturb the outcome of the election process. The 11 highest polling candidates will therefore be appointed responsible trustees for the Lake Horowhenua Trust for a term of three years. I rely on the principles set out by the Māori Appellate Court in its decision Short v Mitchell, Pukeroa Oruawhata Trust, which underscored the importance of accoun...

4. Peters v Wellington Combined Shuttles (Application by Defendant that Jurisdiction be Declined) [2013] NZHRRT 21 [pdf, 69 KB]

   ...following a hearing on the papers. The evidence filed by Mr Peters [19] On 1 November 2012 Mr Peters sent to the Tribunal and to the solicitors for the defendants an email in the following terms: Please find attached the following documents in response to the above case, HRRT017/2012, Presley John Peters v Wellington Combined Shuttles Limited and Wellington Combined Taxis Limited. 1. Response by the plaintiff dated 31st of October 2012 2. Annex (1) Lesley Ashworth’s Human Right...

5. FI v UY LCRO 254 / 2010 (28 September 2011) [pdf, 89 KB]

   ...will be withdrawn, but that did not occur in this instance. Basis of Charges [54] A lawyer’s fee takes account of the various factors expressed in UY’s letter of engagement. He also included an estimate of his fee. [55] UY did not provide a response to the question from FI as to his hourly rate and she was entitled upon enquiry to be advised of that. [56] As advised at the hearing, FI must approve all accounts before they can be paid. At this stage UY’s account has been...

6. AL v ZO LCRO 24 / 2010 (27 August 2010) [pdf, 100 KB]

   ...with regards to resolving the access, and any other relevant information. Complaints [8] Complaints about the Practitioner were eventually filed by ZO on behalf of ZN. It appears that it was ZO‟s dissatisfaction with the Practitioner‟s response (or lack of response) to those enquiries that led to her lodging a complaint with the New Zealand Law Society. The main complaints involved allegations of unauthorised withholding of $20,000, and a conflict of interest. The outcome...

7. Infringement governance guidelines [pdf, 84 KB]

   ...2. The Government seeks to ensure that infringement schemes are fair, equitable, consistent and a proportionate means of encouraging compliance with the law. By imposing a monetary penalty, an infringement offence scheme can be a proportionate response for a relatively minor breach of the law. 3. These guidelines provide a framework for the development of infringement schemes to ensure cross-government consistency and to manage the future growth of the infringement system. Wha...

8. IO v SJ LCRO 84 / 2010 (1 February 2012) [pdf, 113 KB]

   ...been administered by the Applicant’s father and his wife, Ms G, who at the same time had personal interests in those properties, whether jointly or individually. These explanations either supported, or were consistent with, the Practitioner’s responses to the Committee and also consistent with the evidence. [32] Having considered all of the relevant information I do not find that there was any conflict in this matter. I have seen nothing in the course of my review that ought t...

9. DL v EX LCRO 128/2012 (16 December 2013) [pdf, 110 KB]

   ...his role of trustee with that of barrister; e. the Practitioner made a mistake with probate in Australia, resulting in the resealing of the New Zealand probate; and f. failure to provide a final, itemised bill to Mr EX. The Practitioner’s Response [5] In a preliminary response to the NZLS by email on 20 May 2011, the Practitioner wrote that the complaint was ridiculous and that Mr EX was very lucky to be a beneficiary under Mr DN’s will. [6] In his full letter of respon...

10. Tuitupou v Tangilanu [2014] NZIACDT 97 (01 October 2014) [pdf, 202 KB]

    ...the Registrar, I consider it is appropriate to award indemnity costs to the complainant. The result is still significantly more favourable to Ms Tangilanu than a partial award of the total costs. [36] Ms Tangilanu has generally resisted admitting responsibility for the complaints, and the Tribunal has incurred the cost of dealing with them. However, I consider it is appropriate that given the potential difficulty of recovery by the complainant that is the only order that should be made,...