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1. CM v JD & Ors LCRO 006/2013 (10 March 2016) [pdf, 59 KB]

   ...registered valuation. In addition, Mr CM pointed out that the valuation of the [City A] property was a GST inclusive figure, and that when making the advance no account had been taken of the fact that “the property is subject to GST”. This was in response to Mr CM’s requests for payments to be made as capital rather than interest. 5 The Standards Committee determination He took the view that the value of the property that should have been applied was the value net of GS...

2. Thoman v Devi [2014] NZIACDT 26 (17 March 2014) [pdf, 118 KB]

   ...point in dealing with the complainant has the adviser shown any recognition of her responsibilities. [55] She was a licensed professional, consulted for her expertise. However, she did, and apparently still, takes the position her client had the responsibility to ascertain his employment classification. Whether he was a diesel mechanic under Immigration New Zealand’s requirements is a technical issue. [56] The complainant was entitled to and needed advice on whether he should apply...

3. SNH v New Zealand Law Society [2009] NZLCDT 2 [pdf, 107 KB]

   ...New Zealand Law Society in respect of providing information both as to the breach of undertaking nor in relation to the application for reinstatement of his practising certificate. On one occasion, we are satisfied that he gave a less than open response to the Law Society when responding to an inquiry about the blood alcohol charge arising out of the November 2007 incident. Mr H conceded this was not an appropriate response and one of which he thought better shortly afterwards and...

4. The Maori Trustee v Brightwell - Kaipakopako 2C2 (2016) 354 Aotea MB 226 (354 AOT 226) [pdf, 287 KB]

   ...RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] The Māori Trustee seeks an order confirming the review of the Kaipakopako 2C2 trust. A meeting of owners was held on 20 May 2015 and those present also supported his retention as responsible trustee. [2] Ripeka Brightwell objects to the application. She says that at the meeting of owners concerns were raised about the status of the land, its administration by the Māori Trustee and the future utilisation of the block...

5. Hona - Estate of Hiriweteri Toby [2017] Chief Judge's MB 428 (2017 CJ 428) [pdf, 354 KB]

   ...the matter should be referred to the Court for directions. 2017 Chief Judge’s MB 435 Procedural History [6] On 16 September 2015, the Registrar’s Report and Recommendation was distributed to all affected parties, with written responses or objections to the report to be filed with the Court no later than 15 October 2015. [7] The filing of written responses or objections was extended to 30 November 2015, as the applicant provided new address details for a whānau mem...

6. MD v KM Ltd [2020] NZDT 1328 (30 January 2020) [pdf, 242 KB]

   ...their training is on the right track. If serious problems occur in the first few rides, then it would look likely that the pony is not suitable for the standard of rider. But if habits occur over the following weeks or months, the owner needs to take responsibility for the pony’s management, training and/or ability of the rider. I believe it is ignorant and unfair to point the blame at someone in the pony’s past”. 12. I have quoted this advice in full, as, in most circumstances,...

7. MF v PM and SL LCRO 351/2013 [pdf, 223 KB]

   ...[earlier date], Ms SL had attended an auction at which Ms MF was selling a property and endeavoured to serve her with papers. (d) The incidents had compromised her professionally and had caused her considerable embarrassment. [9] In providing response to the complaint, Mr PM submitted that: (a) Ms MF had been unsuccessful in pursuing several court actions in which she had endeavoured to overturn a judgment Mr PM had secured for his outstanding fees. (b) Ms MF had been delibera...

8. LCRO 235/2014 SV v BG and HD (18 July 2017) [pdf, 154 KB]

   ...or Mrs HD say they had had concerns about their mother’s capacity for years, neither of them appears to have taken any formal steps to challenge her capacity during her lifetime. [32] As to capacity, the authors of Lawyers’ Professional Responsibility say:10 Capacity to contract lies at the heart of the lawyer-client relationship, as it does for other contracts. Aside from persons whose lack of capacity stems from minority, and are therefore represented by a tutor (or the lik...

9. Diana Handley v Complaints Assessment Committee 412 & Steve Fejos [2017] NZREADT 45 [pdf, 214 KB]

   ...“Additional material” [3] With regard to the factual background, we note that the Tribunal was given material that was not before the Committee. This comprised information from Ms Handley that she had not provided to the Committee, and a response to the complaint by Mr Fejos that post-dated the Committee’s decision, together with a letter from the vendor. In a Ruling issued on 12 April 2017, the Tribunal ruled that neither Ms Handley’s information, nor Mr Fejos’s respon...

10. KIT v Zhu [2019] NZIACDT 34 (20 May 2019) [pdf, 176 KB]

    ...December 2016 to be confusing. 11 [55] I find Mr Zhu’s letter of 9 December to be adequate, and no more than that, in response to Immigration New Zealand’s letter of 5 December. The evidence does not establish that Mr Zhu bears responsibility for the decline of the student visa. This head of complaint is dismissed. (5) By failing to have file notes of material discussions and failing to confirm them in writing, Mr Zhu may have breached his obligation under cl 26(a...