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1. National Standards Committee 1 v Palmer [2023] NZLCDT 13 (28 April 2023) [pdf, 157 KB]

   ...Purposes and principles of penalty [13] It is now well established that the purpose of penalties imposed in professional disciplinary proceedings is not punitive. Rather, it reflects the purposes of the Lawyers and Conveyancers Act 2006 (LCA): the protection of the public, the upholding of professional standards and of the confidence that the public has in the legal profession. [14] As well as that, an assessment of proportionate penalty includes consideration of the following:...

2. [2020] NZIACDT 23 - Y(O)R v Tian (8 June 2020) [pdf, 135 KB]

   ...son’s schools and not gaining written permission to continue representing her or her family; and (vii) failing to issue invoices for fees and disbursements to the complainant. (2) Alternatively– (i) failing to conduct herself with due care and diligence in relation to client engagement and processing the complainant’s visa applications, in breach of cl 1; (ii) failing to disclose to the complainant in writing a conflict of interest (commissions from schools) and failin...

3. Cole & Anor v Euro-Asia Investments Ltd & Ors [2013] NZWHT Auckland 8 [pdf, 140 KB]

   ...the statutory definition of that term in s 8 of the 2006 Act (and thus within jurisdiction), is ultimately a matter for the Tribunal to resolve. Section 8 refers to “any aspect” of design or construction and in my view, given the consumer protection focus of the legislation, s 8, interpreted in the context of the Act as a whole, should not be narrowly construed. On the evidence, I am satisfied that the substantial drainage defects associated with this house are deficiencies in...

4. LCRO 19/2017 VY v WR [pdf, 191 KB]

   ...of [Mr AB] and [Mr EF] at the ‘experts conference’ was a stacking of the deck as I have accused both of these two of fraud and I have active complaints against them. They were always going to try and game the process to try and save their own careers. … I was not given the opportunity to either be present myself or have someone represent me at that conference. I suggest that Mr WR and his guy [Mr VY’s label for Mr [EF]] did not want any objectivity to that process. The compla...

5. [2015] NZEmpC 123 D’Arcy-Smith v Natural Habitats Ltd [pdf, 174 KB]

   ...the offer of casual labour-only contract work, at $18 per hour and on the same nominal hours as other contract workers on the site. The requirement to provide an invoice was reiterated and Mr D’Arcy-Smith was advised that he would need to take care of his own tax arrangements. Mr Stevenson says that Mr D’Arcy-Smith agreed to this proposal. Mr Stevenson says that there was a further discussion about invoices after Mr D’Arcy-Smith had started work, during which he asked what...

6. [2020] NZREADT 18 - Hilliam [pdf, 177 KB]

   ...Committee”) has charged Mr Hilliam with: [a] Charge 1: a charge of misconduct under s 73(c) of the Real Estate Agents Act 2008 (“the Act”) (wilful or reckless contravention of the Act and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”)), or in the alternative, misconduct under s 73(b) of the Act (seriously incompetent or seriously negligent real estate agency work); and [b] Charge 2: a charge of misconduct under s 73(b) of the...

7. BU v DG LCRO 276 / 2011 (17 September 2013) [pdf, 102 KB]

   ...Background [11] The complaint by BU arises from two letters sent by DG in which BU says DG’s “threatening, discourteous, disrespectful and arrogant behaviour”1 constitutes breaches of Rules 2.3, 2.4, 2.7 and 10.12 of the Conduct and Client Care Rules (RCCC). While BU is affronted by the tone and content of DG’s correspondence, my view is that although the tone of the correspondence is robust, and in parts unnecessarily provocative, it does not reach the threshold for an ad...

8. Faulkner v Egan - Matapihi 3A2C1C2C (2006) 86 Tauranga MB 141 (86 T 141) [pdf, 785 KB]

   ...8. Prior °to his death Putere filed an affidavit dated 24th June 2005. In that affidavit he said that Hurihia told him that if he and Catherine paid Thomas for his share of the house, she (Hurihia) would gift them her share in return for taking care of her. 9. Catherine Faulkner also confirmed at the hearing that Hurihia had said that as soon as Putere paid the money to Thomas, she (Hurihia) would make her share of the house over to Putere. (See 85 Tauranga MB 104). Attached to Put...

9. Lawyer-for-Subject-Person.-Selection-Appointment-and-Other-Matters.pdf [pdf, 238 KB]

   ...The purpose of this practice note is to ensure that there is quality and consistency of legal representation for a subject person. 3.4 This practice note is to be read in conjunction with the Family Court Practice Note: Applications under the Protection of Personal and Property Rights Act 1988 and the FLS Best FAMILY COURT PRACTICE NOTE LAWYER FOR SUBJECT PERSON: SELECTION, APPOINTMENT AND OTHER MATTERS 2 Practice Guidelines. 4 TERMS AND DEFINITIONS 4.1 In th...

10. [2024] NZIACDT 03 – MT v Murthy (11 January 2024) [pdf, 160 KB]

    ...communications with the complainant. ASSESSMENT [25] The Registrar relies on the following provisions 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. Confidentiality 4. A licensed immigration adviser must: a. preserve the confidentiality of the client except in the following circumstances: i. with the client’s written consent, or ii. if making a compl...