Search Results

1. Tuumotooa v Tangilanu [2014] NZIACDT 101 (01 October 2014) [pdf, 189 KB]

   ...complainants and the Registrar have elected not to apply for costs of investigation or representation. Given Ms Tangilanu’s claimed inability to meet any such order, the approach is not surprising. [35] Ms Tangilanu has generally resisted admitting responsibility for the complaints, and the Tribunal has incurred the cost of dealing with them. However, there would be an element of futility in making an order for the costs of the hearings and I will accordingly not make such an order....

2. Kaufusi v Tangilanu [2014] NZIACDT 105 (01 October 2014) [pdf, 188 KB]

   ...complainant and the Registrar have elected not to apply for costs of investigation or representation. Given Ms Tangilanu’s claimed inability to meet any such order, the approach is not surprising. [34] Ms Tangilanu has generally resisted admitting responsibility for the complaints, and the Tribunal has incurred the cost of dealing with them. However, there would be an element of futility in making an order for the costs of the hearings and I will accordingly not make such an order. [...

3. Tukutau v Tangilanu [2014] NZIACDT 103 (01 October 2014) [pdf, 187 KB]

   ...Tangilanu be prevented from reapplying for a licence for a period not exceeding two years. Ms Tangilanu [6] Ms Tangilanu provided submissions on sanctions. She did not challenge the orders sought by the complainant. It appears she made a generic response to this and 11 other complaints on which the Tribunal is imposing sanctions. The submission is difficult to understand. The material points appear to be that: [6.1] The publicity resulting from her professional offending has had an a...

4. Uia v Tangilanu [2014] NZIACDT 104 (01 October 2014) [pdf, 186 KB]

   ...complainant and the Registrar have elected not to apply for costs of investigation or representation. Given Ms Tangilanu’s claimed inability to meet any such order, the approach is not surprising. [34] Ms Tangilanu has generally resisted admitting responsibility for the complaints, and the Tribunal has incurred the cost of dealing with them. However, there would be an element of futility in making an order for the costs of the hearings and I will accordingly not make such an order. [...

5. IJ v SO LCRO 76 / 2011 (15 February 2012) [pdf, 95 KB]

   ...mother and her partner.) [12] The allegation of conflict concerned the Practitioner acting in a proceeding where evidence would need to be given by the Practitioner’s firm. [13] The final complaint alleged that the Practitioner’s conduct was responsible for the prolongation of the proceedings over the seventeen months, and the significant costs incurred by him, and by his mother’s estate as a result. Standards Committee Decision [14] The Standards Committee declined t...

6. RI v Hart LCRO 158 / 2011 (29 August 2012) - Publication Decision [pdf, 98 KB]

   ...He also considers that “in general orders for censure, and publication will be more appropriate to findings at the level of misconduct rather than of unsatisfactory conduct.” e) Further, he notes that notwithstanding his position of overall responsibility, “publication would not adequately account for the fact that the conduct the LCRO has found to be unsatisfactory rests at least in part in the hands of another independent practitioner”. f) Finally, he advises that he int...

7. Kartikeya v Fernyhough [2014] NZIACDT 79 (09 September 2014) [pdf, 187 KB]

   ...he ought to have reasonably contemplated. It is also substantial in relation to Mr Fernyhough’s own resources. [15] Mr Fernyhough’s financial situation is not strong, and meeting his obligations will be a burden. [16] Mr Fernyhough resisted responsibility when responding to the complaint, but has accepted the Tribunal’s decision. His apparent understanding of the reasons why the complaint was upheld is a significant factor pointing to this being a case where the Tribunal should hav...

8. S v L [2017] NZIACDT 3 (4 April 2017) [pdf, 114 KB]

   ...unsuccessful. [10.3] The Registrar alleges this response by the adviser was not sufficient to maintain a relationship of trust and confidence and failed to provide advice on further options regarding the applicant’s lawful status in New Zealand. The responses [11] The complainant supported the statement of complaint. However, when an oral hearing took place to resolve potential differences between the complainant’s account and that of the adviser, the complainant did not atte...

9. [2017] NZEnvC 101 D B Ellis v Porirua City Council Costs [pdf, 416 KB]

   ...benefit of any further information which substantiated the allegations in the notice of appeal. Also the appellant had not provided reasons for its view that a greater discount was appropriate and the Council, accountable to its ratepayers, could not responsibly revise its offer in response to the appellant's counter-offer. [19] In addition, the Council submitted that if the appellant Mr Ellis had accepted the Council's settlement offer of $15,000 he would be finanCially b...

10. Kauika-Stevens v Tawake - Rangitatau 1D5A1 Reserve (Tākirau Marae) (2019) 396 Aotea MB 215 (396 AOT 215) [pdf, 351 KB]

    ...diversion was received. Involvement with law enforcement authorities, even where this involves the marae, is hardly suitable behaviour for the custodians of tribal tāonga who have had the trust of the people reposed in them. With that trust comes responsibility, including the obligation to act within the law. To avoid doubt, should there be any future instances of this nature, or of comparable conduct that is incompatible with the role of trustees, then the continuing privilege of...