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1. BT v YB LCRO 128 / 2010 (26 May 2011) [pdf, 97 KB]

   ...already been made. This does not altogether relieve the Respondent from an obligation to make an independent assessment as to whether or not the proposed course of action was appropriate. As Duncan Webb has noted in his text Ethics: Professional Responsibility and the Lawyer, Second Edition, at page 451: It will not be an absolute defence to a claim of abuse for a solicitor to claim that he or she relied on a barrister‟s expertise. Such reliance may be warranted when the materi...

2. FS v UR LCRO 247 / 2010 (12 October 2011) [pdf, 95 KB]

   ...following month sent him an invoice for $5,046.00. The Applicant informed the Committee that he queried the bill with the Practitioner on several occasions from December to March the following year, in terms of his instructions, and received no response, and that the Practitioner finally responded on 11 March that the fee was reasonable for the time spent. [5] The Applicant wrote that he reminded the Practitioner of his instructions, and offered to settle the invoice on the basis o...

3. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 38 [pdf, 76 KB]

   ...significantly less than what all of the other experts, other than Mr Light, agreed was the minimum work required to remedy the defects and damage. It is also significantly less than what we consider appropriate. [24] Giving Mr Holyoake the responsibility of determining the remedial scope in these circumstances is also not appropriate given the history of this claim since the remedial work was first done. We note that when high moisture readings were obtained from the probes...

4. [2016] NZSSAA 70 (11 July 2016) [pdf, 97 KB]

   ...following points: (i) He had worked in New Zealand from the age of 18 years and worked in Australia after attaining the age of 50 years. He appears to lose 18 months of qualifying employment at both ends of his working life in New Zealand. Response The eligibility criteria for entitlement to New Zealand Superannuation, namely residence in New Zealand for 10 years after the age of 20 years and five years after the age of 50 years are the qualifying criteria laid down by Parlia...

5. BO v XTT [2012] NZIACDT 31 (28 June 2012) [pdf, 92 KB]

   ...provided a satisfactory employment agreement. [17.4] The employment agreement relied on was signed on 4 October 2010, and the application had been made on 6 October 2010. [17.5] Immigration New Zealand took the view that regardless of who was responsible for the delay in obtaining the employment agreement, Mr BO was responsible for working in breach of his permit. The reasoning was: [17.5.1] Mr XTT claimed he had informed Mr BO of his obligations in relation to not working for an e...

6. Kavyu-Munalula v Standing [2012] NZIACDT 67 (28 September 2012) [pdf, 97 KB]

   ...placed in Mr Standing as a licensed professional. [11] In some cases Mr Standing’s attitude to his clients was manifest in bullying and aggressive behaviour. For example, when faced with a client who sought legal advice about his misconduct, his response was to place blame on his client, and threaten her. [12] In no case has Mr Standing exhibited any indication of accepting responsibility, remorse, or endeavoured to make amends. 3 [13] The amounts of money solicited...

7. Retto v Standing [2012] NZIACDT 69 (28 September 2012) [pdf, 97 KB]

   ...placed in Mr Standing as a licensed professional. [11] In some cases Mr Standing’s attitude to his clients was manifest in bullying and aggressive behaviour. For example, when faced with a client who sought legal advice about his misconduct, his response was to place blame on his client, and threaten her. [12] In no case has Mr Standing exhibited any indication of accepting responsibility, remorse, or endeavoured to make amends. 3 [13] The amounts of money solicited...

8. Bullent v Standing [2012] NZIACDT 76 (28 September 2012) [pdf, 98 KB]

   ...placed in Mr Standing as a licensed professional. [11] In some cases Mr Standing’s attitude to his clients was manifest in bullying and aggressive behaviour. For example, when faced with a client who sought legal advice about his misconduct, his response was to place blame on his client, and threaten her. [12] In no case has Mr Standing exhibited any indication of accepting responsibility, remorse, or endeavoured to make amends. 3 [13] The amounts of money solicited...

9. Harvey v Standing [2012] NZIACDT 80 (28 September 2012) [pdf, 96 KB]

   ...placed in Mr Standing as a licensed professional. [11] In some cases Mr Standing’s attitude to his clients was manifest in bullying and aggressive behaviour. For example, when faced with a client who sought legal advice about his misconduct, his response was to place blame on his client, and threaten her. [12] In no case has Mr Standing exhibited any indication of accepting responsibility, remorse, or endeavoured to make amends. 3 [13] The amounts of money solicited...

10. Whiles-Clarry v Standing [2011] NZIACDT 25 (8 August 2011) [pdf, 92 KB]

    ...initially relayed to the Adviser by Ms Whiles-Clarry. The error has been set out by this Tribunal in the earlier decision. [12] All professionals make errors. It is fundamental obligation of a professional to be willing to understand and take responsibility for error. [13] In the present case, the Adviser made an error that was in itself significant but apparently one of oversight. Of more concern is that at the time he was advising his clients he failed to undertake a process of rev...