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1. INZ (Gilray) v Croxson [2019] NZIACDT 72 (18 October 2019) [pdf, 142 KB]

   ...lack of probity. The applications filed with Immigration New Zealand for Messrs E and B had been expertly prepared. Mr Croxson had secured work visas for three years for both of them. [25] According to counsel, this was the first time in a career of 14 years as an immigration adviser that Mr Croxson had faced a formal complaint. He was scrupulous in his practice and the complaint had come as a real shock. He was remorseful and had learned from this lapse in judgement, having t...

2. [2020] NZREADT 41 - Bellis v Real Estate Agents Authority (9 September 2020) [pdf, 274 KB]

   ...had represented to him that the QV valuation did not include the walnut trees, which was blatantly false. He claimed that this was in breach of Mr Davison’s obligations under r 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). [15] Mr Bellis claimed that Mr Davison was responsible for checking information he receives from a vendor for accuracy before he passed it on to a potential buyer. He claimed that as Mr Davison deals i...

3. Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 9 [pdf, 147 KB]

   ...standing as disgraceful or dishonourable; and/or (b) is conduct that occurred at a time the practitioner was providing regulated services and is conduct that contravened Rule 11.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (misleading or deceptive conduct); and/or (c) is conduct unconnected with the provision of regulated services but which would justify a finding that he is not a fit and proper person or is otherwise unsuited to engage in pract...

4. Otago Standards Committee v Rayner [2014] NZLCDT 62 [pdf, 87 KB]

   ...card and the information required to use it, the practitioner was in breach of the fundamental obligation of a lawyer under s 4(c) of the Lawyers and Conveyancers Act 2006 (“Act”) to act in accordance with all fiduciary duties and duties of care and s 4(d) to protect the interests of his client. (e) Acting as a barrister for M at the time, was in breach of the Lawyers and Conveyancers (Lawyers: Conduct and Client Care) Rules 2008 (“LCACC”), in particular rules 5.1, 5.2 an...

5. KB v JR LCRO 191/2012 (14 May 2014) [pdf, 192 KB]

   ...that the residue of Mrs CG’s estate was to pass to Mr CG. The residue of Mrs CG’s estate included her half-share in the property. [13] Mrs CG died on 26 June 2011. In July 2011 Mr CG signed enduring powers of attorney for his personal care and welfare, and property, in which he appointed Ms KB his attorney. The documents provided that Ms KB’s brother, [Brother CG], was appointed successor attorney, and also provided that the attorney “must consult as far as practicable...

6. LCRO 159/2017 YB v WD [pdf, 147 KB]

   ...client informed about progress, and consult the client about steps to be taken to implement the client’s instructions.5 [31] Lawyers are also required to act competently. Rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) states that:6 In providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care. (b) Did Y...

7. [2024] NZIACDT 06 ZR v Kim (23 January 2024) [pdf, 240 KB]

   ...invoice from Wealand International (1 May 2023) for the service fee of $4,000. [21] The complainant arrived in New Zealand on 20 May 2023 and departed on 16 July 2023. [22] On 2 August 2023, Immigration NZ sent a letter to the complainant (care of Mr Kim) advising that his visa might be cancelled as his employment had ended on 18 June and he had left New Zealand on 16 July. On the same day, Mr Kim sent the letter by email to the complainant. [23] On 15 August 2023, Immigra...

8. Greaterex v Preston [pdf, 41 KB]

   ...the evidence of Mr Rob Preston, Mr Simon Paykel and the assessor, I am satisfied that Mr Tim Preston was the builder of the dwelling house and responsible in large measure for the significant defects in construction. Mr Tim Preston’s duty of care as a builder was to ensure that proper skill and care was taken in the construction of the house. There is ample evidence to conclude (including exhibits 28, 30, 31, 35 and 37) that Mr Tim Preston breached that duty of care and that t...

9. MC v BL [2013] NZIACDT 8 (28 February 2013) [pdf, 134 KB]

   ...carry out the lawful informed instructions of clients. [30.3] Passports and personal documents are to be returned to clients on request, and without delay. [30.4] That a licensed immigration adviser must discharge professional engagements with due care, diligence and respect. That requires them to ensure their professional service delivery meets proper standards. [31] Clause 2.1(f) requires licensed immigration advisers to uphold the integrity of New Zealand’s immigration system an...

10. Vosper and Vopser Ltd v CAC 402 & Biddle [2016] NZREADT 60 [pdf, 194 KB]

    ...September 2015 (the substantive decision), in which the Committee found pursuant to s 72(d) of the Real Estate Agents Act 2008 (“the Act”) that the appellants had breached provisions of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) and had therefore engaged in unsatisfactory conduct (“the substantive decision”). The appellants also appealed against the Committee’s decision issued on 9 November 2015, in which each of the ap...