Search Results

1. A & T Kaufusi v Tangilanu [2014] NZIACDT 98 (01 October 2014) [pdf, 184 KB]

   ...client engagement, [2.2] Did not carry out the work she agreed to perform, and [2.3] Failed to refund the fees she had not earned. [3] The Tribunal upheld the complaint on those grounds, finding breaches of the Code of Conduct due to lack of care, diligence, and professionalism (clause 1.1(a) and (b)), and also a breach of clauses 1.5(a)-(d) and 8(d) by failing to commence the professional relationship with a written agreement. Further she was found to have breached clause 3(d) due to...

2. BORA Corrections Administration (Effectiveness and Efficiency) Bill [pdf, 352 KB]

   ...unreasonable search and seizure. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search and seizure, s 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 7. Reasonableness will depend upon both the “subject matter” and the unique combination of “time, place and circumstance”...

3. Auckland Standards Committee 5 v Hong [2019] NZLCDT 40 [pdf, 129 KB]

   ...suspension, if he is suspended, or on reasonable notice if he is not); and (c) costs. [4] Mr Collins for the Committee has drawn our attention to the established principles in the Tribunal’s penal jurisdiction the primary purpose of which is the protection of the public and the maintenance of professional standards.1 [5] In considering penalty, we have considered the relevant factors as set out in Hart v Auckland Standards Committee 1 of the New Zealand Law Society2. Those f...

4. LA - Part 2 - Areas of Law Family [pdf, 710 KB]

   ...Pre-proceedings settlements Other Areas of Law Family PART 2 AREAS OF LAW – FAMILY – MOJ0052.2-MARCH14 PAGE 2 / 6 Family Court matters Current Year Previous Year 20–– 20–– 20–– Types of Family Court cases Adoption Act 1955 Care of Children Act 2004 Children, Young Persons and their Families Act 1989 Domestic Violence Act 1995 Family Proceedings Act 1980 Protection of Personal and Property Rights Act 1988 Property (Relationships) Act 1976 Family Protection Act...

5. BORA Manukau City Council (Regulation of Prostitution in Specified Places) Bill [pdf, 315 KB]

   ...purpose or effect of the proposed government action is to restrict that freedom. [2] 6. New Zealand and international jurisprudence supports the proposition that forms of expression that may be regarded as offensive or distasteful are nevertheless protected forms of expression. The Court of Appeal in Living Word Film Distributors v Human Rights Action Group [3] accepted the proposition that a fundamental aspect of the right to freedom of expression is that it extends to protecting all...

6. Ngalu v Tangilanu [2014] NZIACDT 102 (01 October 2014) [pdf, 184 KB]

   ...complainant Immigration New Zealand was still processing the application. [2.3] Immigration New Zealand commenced deportation processes and deported the complainant. [3] The Tribunal found Ms Tangilanu failed to meet the Code of Conduct’s duties of care, diligence, respect, and professionalism, and the obligation to provide timely updates. The Parties’ Positions on Sanctions The Authority [4] The Authority did not make any submissions on sanctions. The Complainant [5] The c...

7. Yasin & Anor v Hammadieh Sanctions decision [2015] NZIACDT 4 (04 January 2015) [pdf, 172 KB]

   ...his client’s immigration opportunities (clause 8 of the Code of Conduct); and [3.1.3] Also failed to explain and provide a copy of his internal complaints procedure (clause 9 of the Code of Conduct). [3.2] He continued to act with a lack of care, diligence and professionalism breaching clause 1 of the Code of Conduct in failing to: [3.2.1] Take charge of the instructions and client relationship, and [3.2.2] Ensure he delivered professional advice and services meeting the requisite...

8. CAC 304 v Morris [2016] NZREADT 35 [pdf, 124 KB]

   ...misconduct brought by Complaints Assessment Committee 304. Charge one was dismissed. [2] The finding of misconduct was on the basis that the defendant wilfully or recklessly breached the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 in failing to disclose certain information to a trustee of the Maranatha Charitable Trust when he met with the trustees on 12 June 2012. Our Findings [3] In finding the defendant guilty of misconduct in respect of charge two,...

9. BORA Contract and Commercial Law Bill [pdf, 146 KB]

   ...people enter into a contract for the sale and purchase of an item, they may be described as “associating” with each other for the purpose of the contract, but they would not be considered to have an “association”, or at least one deserving of protection, under the Bill of Rights Act. Whether s 19 at issue 8. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination on the grounds of discrimination in the Human Rights Act 1993. The grounds of disc...

10. Canterbury Standards Committee v Sisson [2011] NZLCDT 35 [pdf, 143 KB]

    ...personally and professionally in her ability to carry out her work, as did the very sad circumstances concerning her daughter’s illness. However sympathy towards a practitioner’s circumstances cannot outweigh the obligation of the Tribunal to protect the public. A practitioner must be able to withstand personal pressures in order to continue properly performing his or her obligations to clients or alternatively have the ability to step aside from practice and ensure a clien...