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1. Ms C v REAA & Whitehorn [2013] NZREADT 42 [pdf, 83 KB]

   ...More importantly, she then set out some rather sad family details, advised that she has recompensed the complainant, and covered that she has demanding family commitments which show a very commendable stance on her part. She outlined heavy family responsibilities which she bears and will carry for a lifetime. She stressed that this case has caused her constant anguish and trepidation for nearly 3 two years “as she is the only income provider for her family”. She submitted...

2. Piontecki & Anor v CAC 20003 & Ano [2014] NZREADT 96 [pdf, 29 KB]

   ...the circumstances of this case, to find that the test of misconduct had not been met and that the licensee’s conduct was unsatisfactory conduct; and the Committee was entitled to find that the Orders made in the District Court were a sufficient response to the licensee’s unsatisfactory conduct. [7] Mr McCoubrey then puts it, that said, it is clear that we consider that the licensee is guilty of unsatisfactory conduct at a higher level than was found by the Committee; and it is plai...

3. Fitzgerald & Anor v REAA CAC 20007 & Anor [2014] NZREADT 43 [pdf, 32 KB]

   ...boundary and said that it was an unnecessary step in urban Auckland, where he as a valuer had never checked boundaries in conducting a valuation but simply assumed they were where they appeared to be. [8] The issue for the Tribunal is where (or if) responsibility for this problem lies. [9] The Real Estate Agents Authority submits that the Complaints Assessment Committee were correct to reach the decision that Ms Fitzgerald had breached her obligations. They say that the Tribunal...

4. AE v ZW & ZV LCRO 88 / 2010 (16 November 2010) [pdf, 60 KB]

   ...doing so, the Committee confirmed that it had reconsidered the original complaint having taken into account all of the issues raised by the LCRO in his decision of 10 February 2010. In reconsidering the complaint, the Committee also considered responses by the original costs assessor to the matters raised by the LCRO. In addition it engaged a second costs assessor whose report was also considered by the Committee. [7] The Applicant raises five issues where she considers the Standar...

5. Fishguard & Cannock v Walsall LCRO 109 / 2009 (9 October 2009) [pdf, 81 KB]

   ...further recommended that the 29 August invoice be reduced from $8,692.31 (which included GST and disbursements) to $4,000 plus GST and disbursements. [4] After considering the report it had sought from a Costs Assessor and the practitioner’s response to that report, the Standards Committee decided to uphold the complaint and found the practitioners to be guilty of conduct in contravention of Rule 9.1, and by virtue of section 12(c) of the Act found the practitioners to be guilty...

6. LCRO 137-2016 HA v TY Decision [pdf, 100 KB]

   ...at [44]. 3 (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [13] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necessitate any further submission fro...

7. LCRO 204/2017 CA and KB v MN [pdf, 102 KB]

   ...Court decides that Mr MN’s conduct was somehow deficient, further enquiry might be made. Although the comments of the Court of Appeal in Deliu v National Standards Committee of the New Zealand Law Society are to the effect that each Tribunal is responsible for making its own enquiry,4 it was open to the Committee in the exercise of its discretion to determine the complaint on the basis of s 138(1)(f) in circumstances where Mr MN was appointed by the court, he was not acting for t...

8. [2016] NZEmpC 64 McIvor v Saad [pdf, 95 KB]

   ...described as an “Application for Leave” in which he sought a “short extension of time to file the requisite affidavits and have legal counsel”. Nothing further was heard from him by the Court for almost a month. [10] On 6 May 2016, in response to the Registrar’s request of Mr Saad for an update about his legal representation, Mr Saad advised the Registrar that he was to meet with a lawyer on 11 May 2016, following which date he wrote again to the Registrar, advising tha...

9. AL v ZK LCRO 182/2012 (19 March 2014) [pdf, 60 KB]

   ...other conduct which reflected poorly on the integrity of the lawyer. [19] In addition, I take note of the fact that Mr AL acted at the direction of the partners of the firm. [20] I also consider the underlying policy in the Act to provide a responsive regulatory regime (s 3(2)(b) of the Act) and one in which complaints can be resolved expeditiously and, in appropriate cases, by negotiation, conciliation, or mediation (s 120(2)(b) of the Act) to be relevant in considering whether...

10. Fifita v Tangilanu [2014] NZIACDT 108 (03 October 2014) [pdf, 124 KB]

    ...deceptively, misrepresenting or promoting a client’s immigration opportunities (clause 5.1(c)). [7.5] Ms Tangilanu promised the complainant she would receive a work visa, when she could not have any certainty she could achieve that result. The responses [8] Neither Ms Tangilanu nor the complainants responded to the Statement of Complaint. They were not required to do so if they accepted that it set out the facts and matters in dispute appropriately. Discussion The standard of p...