Search Results

1. SN & FN v U Ltd [2022] NZDT 260 (21 December 2022) [pdf, 121 KB]

   ...being the $12,347.70 outstanding amount invoiced for the roofing work (slightly less than the quoted amount) and the rest of the claimed amount being interest. 6. The issues to be determined are: • Did U Ltd provide its service with reasonable care and skill and is the product of its service fit for purpose? • What remedy, if any, is available to SN and FN? CI0301_CIV_DCDT_Order Page 2 of 5 • What are the relevant terms and conditions of the contract with respect to...

2. Singh v Kumar [2016] NZIACDT 18 (04 April 2016) [pdf, 103 KB]

   ...the urgent circumstances, created because the complainant sought assistance on the day his visa was due to expire. He did accept his narrative provided to the Registrar had an error, and given the importance of the issue, he should have taken more care, so fell short of the high standards of professionalism required of him. [3] The Tribunal convened a hearing. The complainant neither provided evidence nor attended the hearing. The Registrar did not challenge Mr Kumar’s response, and ac...

3. SK and RM v GJ LCRO 36/2015 (14 December 2016) [pdf, 252 KB]

   ...tenants in common in equal shares. All other property, including bank accounts, was owned by them as joint tenants. [14] According to Mrs HY, the couple's prime concern by May 2009 was to ensure that the survivor of the two was taken good care of. After the death of the survivor their 3 home should go to Mrs VW, a niece of Mr MT who for some years had taken care of the couple, and did not have a home of her own.1 [15] Mr MT's last will appointed the lawyers as t...

4. Holmes v Commissioner of Police [2012] NZHRRT 17 [pdf, 80 KB]

   ...information concerning their investigations. [5] Broadly speaking, the withheld information is in two categories. The first category comprises five pages which have been withheld in their entirety under s 9(2)(a) of the Official Information Act (protection of the privacy of a natural person) though in the course of the hearing the Tribunal was asked to consider the five pages in the context also of s 29(1)(a) of the Privacy Act. These pages contain no personal information about Mr Hol...

5. Youth Court - The Youth Courts of New Zealand in 10 years time [pdf, 635 KB]

   ...offences (not now within the Youth Court jurisdiction unless associated with imprisonable offences arsing out of the same circumstances) would all be heard in the Youth Court. Boys in short trousers would not be mixed up in the adult court lists for careless driving with the likelihood of a conviction – when they would have received a better outcome (a possible absolute discharge) if they had assaulted the police officer at the time and thus been within the Youth Court’s oversight...

6. Auckland Standards Committee 5 and Southland Standards Committee v Taia [2022] NZLCDT 17 (9 June 2022) [pdf, 244 KB]

   ...that his conduct contravened various rules of conduct, and we further find in these circumstances that the conduct was “wilful or reckless”.9 He failed to act competently,10 he failed to act in a timely manner,11 he failed to take reasonable care12 and he ignored the s 147 direction.13 His failure to inform his supervisor that the N’s had complained raises warning flags for us because it demonstrates that the scaffolding provided by earlier order of the Tribunal was rendered...

7. LCRO 212/2016 LM v HR (22 September 2017) [pdf, 266 KB]

   ...with in a normal manner” without such nonsense. Regarding the allegations by Ms HR, Mr LM said: (a) Ms HR has breached the requirements of Rules 6 & 29 of the Lawyers and Conveyancers Act (Conveyancing Practitioners: Conduct and Client Care) Rules 2008 in making an allegation against LMN. (b) Ms HR appears to be of the view that a reverse undertaking is probably unlawful without considering the statement made by Mr G (the [designation] of the Property Law Section of the N...

8. LCRO 212/2016 LMN Law v HR [pdf, 252 KB]

   ...with in a normal manner” without such nonsense. Regarding the allegations by Ms HR, Mr LM said: (a) Ms HR has breached the requirements of Rules 6 & 29 of the Lawyers and Conveyancers Act (Conveyancing Practitioners: Conduct and Client Care) Rules 2008 in making an allegation against LMN. (b) Ms HR appears to be of the view that a reverse undertaking is probably unlawful without considering the statement made by Mr G (the [designation] of the Property Law Section of the N...

9. [2023] NZREADT 9 – Complaints Assessment Committee 2108 v O’Brien & Wildman (28 April 2023) [pdf, 247 KB]

   ...the Act, in that he engaged in seriously negligent or incompetent real estate agency work and/or wilfully or recklessly contravened any or all of rr 5.1, 5.2, 6.2, 6.3, 6.4 and/or 9.6 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). 2. In the alternative, he engaged in unsatisfactory conduct. Particulars 1. By offering and/or marketing the property for sale without an agency agreement, in breach of r 9.6. 2. By failing to ensure a...

10. INZ (Foley) v Rodriguez [2019] NZIACDT 51 (23 July 2019) [pdf, 182 KB]

    ...2014 (the Code) are alleged: (1) by advising the employer that Mr B had confirmed he had the required welding skills when she had not asked him about that at that point in time, Ms Rodriguez may not have been honest or conducted herself with due care, in breach of cl 1; (2) by advising the employer that Mr B had confirmed he had the required welding skills when she had not asked him about that at that point in time, Ms Rodriguez may have misrepresented her client, in breach of cl...