Search Results

1. [2023] NZREADT 7 - CAC 2002 v Sun (6 April 2023) [pdf, 309 KB]

   ...seriously negligent or seriously incompetent real estate agency work by: (a) marketing and/or offering the five lots for sale without agency agreements being in place, in breach of r 9.6 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules); (b) misrepresenting the net size of three of the lots (Lots 1, 2 and 3) to the purchasers, and failing to take adequate steps to ensure prospective purchasers were informed of the need to obtain profession...

2. CAC 20006 v Wallace [2013] NZREADT 46 [pdf, 73 KB]

   ...a building defects report recommending that the entire house be reclad, and that decayed timber framing be replaced, at an estimated cost of $250,000. [24] Very sadly, Mrs Kern passed away in hospital on 8 December 2010. [25] Mrs Watkinson was carefully cross-examined on the basis that the defendant denied that he was even asked by Mrs Kern whether the home was a leaky house. The witness asserted that she heard the discussion referred to above as she was only about one metre away from...

3. Williams v Attorney-General [2024] NZHRRT 1 [pdf, 214 KB]

   ...Unit at ARWCF. Ms Williams says that on 27 May 2020 she was assaulted by a fellow prisoner. As a result of the alleged assault, Ms Williams says she required hospitalisation and an operation. Because of this, Ms Williams was unable to see or care for her baby and she was unable to continue breastfeeding. [10] Following the alleged assault, Mr Tennet, engaged the services of Mr Hikaka (a private investigator operating a business called Hikaka Investigations Ltd) to interview M...

4. LCRO 024/2018 NN v AE (23 April 2019) [pdf, 213 KB]

   ...following day, 17 February 2017, Mr AE again expressed his “disappointment” with the outcome. With a view to resolving his concerns 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 5.11. 3 he put forward three options for consideration by Ms NN for response by 4.00 pm that day. First, he and Mrs SL would claim compensation in the [Disputes] Tribunal; secondly, he would complain to the Law Soci...

5. Henton v CAC 20003 & Ors [2014] NZREADT 2 [pdf, 159 KB]

   ...the appellant, of a property at 5B Ranier Street, Ellerslie, engaged the services of Barfoot’s to sell the property and the licensee was the listing salesperson. [4] The agency agreement included the notation “clients objecting to possible day care in local area”. [5] On 9 December 2011, the vendors entered into an agreement for sale and purchase for the property with Robin Hulford and/or nominee. That agreement became unconditional on 16 December 2011. [6] On 19 December 201...

6. [2024] NZIACDT 01 RN v Li (8 Janurary 2024) [pdf, 268 KB]

   ...the identified provisions of the Code: 6 (1) Relied on an unlicensed person to communicate with the complainant which appears to have enabled the provision of immigration advice, thereby acting unprofessionally and failing to exercise due care, in breach of cl 1. (2) Failed to interact directly with the complainant and obtain his informed instructions, in breach of cl 2(e). (3) Enabled the provision of immigration advice by an unlicensed person, in breach of cl 3(c). (4)...

7. LCRO 80/2019 ZB v YC (18 August 2021) [pdf, 204 KB]

   ...information in his letter to the Complaints Service dated 28 November 2018. He submitted: (a) Mr YC and his employer [PK] were not in breach of the in-house counsel provisions of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). (b) Mr YC did not owe a duty to [XD], as he did not act for that company and owed it no duty of care. Mr ZB cannot comment on whether Mr YC’s representation of the liquidators of [WE] was competent. [32] In r...

8. [2021] NZIACDT 25 – RH v Ji (8 November 2021) [pdf, 211 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.5 [37] The sanctions that may be imposed by the Tribunal are set out in the Act.6 The focus of professional disciplinary proceedings is not punishment but the protection of the public.7 2 Immigration Advisers Licensing Act 2007, s 45(2) & (3). 3 Section 49(3) & (4). 4 Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 5 Section 50. 6 Section 51...

9. FN v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 199 [pdf, 288 KB]

   ...believes that her situation further deteriorated and apparently a referral to the Spinal Unit was made and she was not able to be accommodated. The situation has become quite dire and she has been at home essentially immobile requiring 24-hour care from her elderly mother. She has an indwelling catheter and has had problems with her bowels. She has had very limited use of her upper limbs and not being able to feed herself other than using a modified utensil in her right hand. She...

10. [2021] NZREADT 06 - Silcock (22 January 2021) [pdf, 309 KB]

    ...the viewing was cancelled solely at the instigation of the prospective purchasers. [30] He submitted that viewed objectively, the texts and conversations show that Mr Watson was in fact acting in accordance with his obligation to exercise skill, care, competence, and diligence under r 5.1: [a] The prospective purchasers offered $850,000 on Thursday 25 July, then $880,000 at 7.25 am on Saturday 27 July; [b] The terms of the prospective purchasers’ interest were qualified by Mr...