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1. LCRO 106/2022 MG v WL (30 June 2023) [pdf, 247 KB]

   ...failed to advise of alternatives to litigation; g) failed to follow instructions; h) was guilty of providing misleading and deceptive conduct directed only to obtaining financial gains; i) acted in breach of r 2.3 of the Conduct and Client Care Rules7 by using legal processes for improper purposes; j) did not proactively warn Ms MG of risks; k) breached other Acts – e.g the Fair Trading Act, Crimes Act; l) failed to communicate clearly; m) was conflicted and did no...

2. BORA Legal Services Amendment Bill [pdf, 286 KB]

   ...are not New Zealand citizens or permanent residents for the purpose of immigration proceedings, whether the applicant is present in New Zealand or not. 8. We note that there is an issue as to whether the BORA applies extra-territorially to provide protection to persons not present in New Zealand. However, it is unnecessary to reach a conclusion on that issue as we consider that even if this limitation on the availability of legal aid were prima facie discriminatory under s 19 of the BORA...

3. [2021] NZREADT 22 - Jenkins v The Real Estate Agents Authority, Roberts & Tai Rakena (14 May 2021) [pdf, 316 KB]

   ...confirming in writing the appellants’ instructions to disclose the pending construction at the slab, and the pending demolition and rebuild of the villa, and by not disclosing these to the purchaser, the licensees had failed to exercise skill, care, competence, and diligence in carrying out real estate agency work (in breach of r 5.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”)), failed to provide information which should in fai...

4. BORA Taxation (Kiwisaver and Company Tax Rate Amendments) Bill [pdf, 386 KB]

   ...Kiwisaver scheme. The Bill also decreases the company tax rate, and makes a number of remedial amendments for the new portfolio investment entity rules. CONSISTENCY WITH SECTION 19 OF THE BILL OF RIGHTS ACT 4. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993, including age (which means any age of 16 years old and over). 5. Taking into account the various domesti...

5. Family Court Rewrite Submission - NZ Nurses Association [pdf, 307 KB]

   ...the opportunity for whānau based counselling sessions. 24. What types of therapeutic intervention would be useful in complex cases? As health professionals, we see the benefit of nurses and health workers (mental health nurses, primary health care nurses and community health workers) providing support to families and whānau who are accessing the Family and Whānau Court. We agree with proactive measures that would allow Judges to direct parties for psychological or psychiatric asse...

6. [2019] NZEmpC 146 Alkazaz v Asparona Ltd [pdf, 220 KB]

   ...Court must consider all of the circumstances, including the nature of the proceedings and the interests of both parties.5 An order for security that has the effect of preventing a party from pursuing his or her claim should only be made after careful consideration, as access to the courts for a genuine plaintiff 4 Quality Consumables Ltd v Hannah (No 2) [2017] NZEmpC 155 at [12]. 5 McLachlan v MEL Network Ltd [2002] 16 PRNZ 747 (CA)...

7. LCRO 124/2018 BK v [Area] Standards Committee (25 February 2020) [pdf, 140 KB]

   ...that the lawyer’s conduct constituted unsatisfactory conduct pursuant to sections 12(b) and/or (c) of the Lawyers and Conveyancers Act 2006 (the Act) by way of a breach of rule 13.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. [6] After taking various mitigating factors into account, the Committee determined to make no orders following the finding. It did however, direct that, in the interests of the public, a summary of the determination should b...

8. Auckland Standards Committee v Smith Charges [2015] NZLCDT 40 [pdf, 31 KB]

   ...disrepute? 6. If not, did her conduct “fall short of the standard of competence and diligence” expected, in terms of s 12(a), as pleaded? Background [5] Ms Smith is living overseas, but gave evidence by Skype link. We were impressed by her careful and straightforward answers in cross-examination. Having heard the evidence of Ms Smith, we consider that a number of the particulars pleaded are inaccurate. Indeed, in opening, Mr McCoubrey, for the Standards Committee, properl...

9. BT v U Ltd [2024] NZDT 574 (30 July 2024) [pdf, 175 KB]

   ...depth of 1.3 metres (photos provided). U Ltd’s own vehicles as well as customer vehicles were written off as a result of the event. 3. While BT’s written submissions address various arguments regarding U Ltd’s alleged breach of duty of care, and he referenced a news report giving details of the weather warning before the event, it is well-known that [City], including [Local Council] and emergency services, was taken by surprise by the speed and severity of the flooding that resu...

10. Eppanapally v Zhou [2014] NZIACDT 118 (28 November 2014) [pdf, 229 KB]

    ...Zhou, in late June 2011. It included comments regarding the request for information of 29 June 2011. The interim decision noted Ms Zhou claimed Mr Martin tampered with her email. [18] On 2 August 2011, Immigration New Zealand wrote to Mr Eppanapally, care of Richard Martin Immigration New Zealand. This letter informed him Immigration New Zealand declined his application for a work permit under the Long Term Business regime. The letter said there had been an earlier letter dated 29 June 2...