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1. [2016] NZEmpC 91 Khurana v Singh [pdf, 100 KB]

   ...would be responsible for pursuing such an action. In default, Mr Singh could raise these issues at the same time as he sought an order authorising him to continue with his proceedings against Corporate Energy. However, Mr Singh would need to give careful consideration to costs incurred in pursuing any such claim against the directors in this way. Even if successful, any recovery procured from the directors might simply have the effect of providing funds for distribution to all of...

2. [2022] NZEmpC 21 Baillie v The Chief Executive of Oranga Tamariki - Ministry for Children [pdf, 222 KB]

   ...Baillie also points to the lack of any agreement from Oranga Tamariki to place Mr Baillie on “garden leave” pending determination of his substantive claim. [32] Oranga Tamariki points to its obligations to provide the highest possible level of care to some of New Zealand’s most vulnerable children and young people and that reinstating Mr Baillie on an interim basis would not give those vulnerable people a sense of feeling safe. Oranga Tamariki says that any loss of remunerati...

3. Singh v Devi [2011] NZIACDT 22 (7 July 2011) [pdf, 103 KB]

   ...Conduct developed pursuant to section 37 of the Act (published www.iaa.govt.nz) is also material. Section 44(2) makes a breach of the Code grounds for upholding a complaint. [3] Clause 1 of the Code requires a licensed immigration adviser to, with due care, diligence, respect and professionalism, perform his or her services, act on proper instructions, and pursue their clients’ interests. That clause also requires personal documents to be secured and returned to a client. Factual Iss...

4. Orsborn v CAC 20006 & Warwick Collier & JVL Prestige Realty Ltd [2012] NZREADT 73 [pdf, 51 KB]

   ...as “3.4782 hectares more or less”. The Committee’s Assessment of the Licensee’s Conduct [15] The Committee was of the view that the licensee’s conduct breached Rule 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 (Rules) so that it amounted to unsatisfactory conduct pursuant to s.72(b) of the Act. We now set out both Rule 6.4 and s.72 of the Act as follows: 4 “6 Standards of professional conduct 6.4 A licensee must...

5. [2023] NZIACDT 14 - II v Sun (26 April 2023) [pdf, 118 KB]

   ...Visa), for the complainant and associated visas for his wife and their child. The complainant was the principal applicant. [7] Immigration New Zealand (Immigration NZ) completed an initial assessment of the application and wrote to the complainant, care of Mr Sun, on 18 November 2019, setting out numerous concerns with the application. He was invited to provide further information. [8] On 28 November 2019, Ms M, an employee of Heytour in China, rang the complainant (who was in Ch...

6. LCRO 179/2017 VB, CB & ON v QT (14 June 2018) [pdf, 181 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [24] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that neces...

7. Auckland Standards Committee v Morahan [2015] NZLCDT 29 [pdf, 459 KB]

   ...There are six charges remaining. (a) Charge one is an allegation of misconduct by wilfully or recklessly acting for a client without an instructing solicitor in breach of Rule 14.4 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“the Rules”).2 (b) Charge three is an allegation of misconduct by misleading the Court, opposing counsel, and/or the Standards Committee, by asserting in written correspondence and Court documents that Mr Thompson...

8. Mao v Howitt [pdf, 60 KB]

   ...from his non-participation that he accepts liability to the claimants and that he accepts that his construction of 02442 Determination.doc 2 the dwelling was defective and did not comply with the Building Code or discharge his duty of care to the claimants as subsequent purchasers. 2.3 The respondent, Douglas Mackay Howitt, had obligations under the Building Act 1991 to meet the performance criteria of the Building Code and he owed a non- delegable duty of care to the cl...

9. [2020] NZIACDT 8 - GQ v Ramos (10 February 2020) [pdf, 123 KB]

   ...Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 4 Section 50. 6 [25] The sanctions that may be imposed by the Tribunal are set out in the Act.5 The focus of professional disciplinary proceedings is not punishment but the protection of the public.6 [26] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may diffe...

10. VR v AL LCRO 236 / 2012 (31 May 2013) [pdf, 115 KB]

    ...rather just sign it and be done with it! Compromise has already been made for me which I am happy with (thanks to you for that!) and I think that it is a very unlikely situation that [Mr VR] & I will have a child. I plan to have a strong career and make my own money (as much as or more than [Mr VR]) therefore the Agreement is not going to disadvantage me if we did happen to break up later on down the track. I am not sure whether you will want me to come back in and meet with...