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1. EL v IN Ltd [2022] NZDT 149 (18 August 2022) [pdf, 165 KB]

   ...storage facility, CD and the owner of the moving company who moved EL’s good to his house in [City B]. 25. CD confirms that no one else had access to the storage facility once the items were placed there by IN Ltd. He commented on the lack of protective measures taken by IN Ltd and what he considered a lack of care taken by the operators dealing with EL’s property. 26. SC, owner of DMS, said his company picked up EL’s items on 18 January 2022. He said upon pick up, many item...

2. BORA Smoke-free Environments (Controls and Enforcement) Amendment Bill [pdf, 338 KB]

   ...prescribed with which one or more classes of people of that kind must comply with before, or while, allowing a tobacco product, package or carton to be visible in a way prescribed. Right to Freedom of Expression Section 14 of the Bill of Rights Act protects the right to “freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind and any form.” The right extends to all forms of communication including advertising. [1] The Canadia...

3. LCRO 007/2017 NT YR v HV [pdf, 89 KB]

   ...Committee considered the materials to ascertain whether they disclosed evidence of any professional failing on Mr HV’s part, on the basis that the complaints were about his service, failure to comply with instructions and his fees. The Committee was careful not to criticise the complainants, noted the timeline Mr HV had provided, and considered Mr HV had carried out his instructions in a timely manner. It was not persuaded that Mr HV’s advice about the minor beneficiaries had been in...

4. Tully v Yerman [2012] NZIACDT 39 (31 July 2012) [pdf, 78 KB]

   ...response has been to attempt to place the blame for her own failings on her client. The complaint has been upheld in a decision issued on 9 May 2012. [5] The Tribunal found Ms Yerman: [5.1] Breached clause 1.1 of the Code as she failed to act with care, diligence and professionalism in performing her services. In particular: [5.1.1] She was careless in failing to identify the date by which the appeal had to be lodged. [5.1.2] She was not diligent, as she failed advise her clients...

5. Auckland Standards Committee v Hylan [2014] NZLCDT 31 [pdf, 95 KB]

   ...against Mr Hylan that at the time he certificated the (separation) agreement he knew: (a) The contents of the agreement were false, in that contrary to what the agreement said the parties (Ms S and her husband) were not separated and were jointly caring for their children; (b) Ms S was being forced to sign the agreement by Mr S; and (c) The agreement was needed in order to support a Visa application to Immigration New Zealand (“INZ”) for a person said to be Mr S’s “girlfriend...

6. VJ v JT LCRO 279/2014 (2 September 2015) [pdf, 99 KB]

   ...action on his complaint against Ms JT, made by the [City] Standards Committee [X] on 5 November 2014. Complaint [2] Mr VJ applied to the Family Court for a variation to parenting orders in respect of his two children who were in their mother’s care (the proceeding). Ms JT acted for the children’s mother, Ms VJ. Mr VJ called his adult step-daughter BB as a witness in the proceeding. At the time, BB was employed as a Family Court deputy registrar. [3] Mr VJ says that in t...

7. [2022] NZIACDT 1 - ZI v Wan (19 January 2022) [pdf, 208 KB]

   ...ASSESSMENT [50] The Registrar relies on the statutory ground of complaint of negligence, alternatively cl 1 of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. (1) Failing to inform the complainant and explaining Immigration NZ’s decision to reject the exemption made before the trip to China on 9 June 2019 [51] This concerns the second trip to China without her...

8. OIA-101880.pdf [pdf, 9.7 MB]

   ...November OIA request to Minister Allan. Please see the document table below which details the documents in scope of this request and the decisions on release. Some information has been wlthheld under the following sections of the Act: • 9(2)(a) to protect the privacy of natural persons, • 9(2)(g)(i) to maintain the effective conduct of public affairs through the free and frank expression of opinions, and • 9(2)(h) to maintain legal professional privilege. I do not consider th...

9. LCRO 205/2015 R and N FAMILY TRUST v EL (27 June 2019) [pdf, 314 KB]

   ...trustees in relation to the interlocutory application to set aside notices of protest, did Mrs EL fail to raise s 11 of the Arbitration Act? If so, did that mean Mrs EL had failed to act competently and in accordance with the duty to take reasonable care?1 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 3. 6 (b) If Mrs EL failed to raise s 11 of the Arbitration Act, did that mean the fees Mrs EL...

10. JR v SW LCRO 91/2014 (27 March 2015) [pdf, 99 KB]

    ...appears to be over-zealous time recording and the rendering of invoices reflecting simply the value of time recorded by the relevant authors with no apparent recognition of the other factors that need to be addressed in Rule 9.1 of the Client Care Rules; and (c) The litmus test being that the fees charged to the body corporate (contrary to [SW Law Firm’s] advice of cost efficiency if that firm was instructed because of Mr SW having undertaken similar assignments) are in excess of...