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1. [2021] NZIACDT 10 - YC v Wan (19 May 2021) [pdf, 238 KB]

   ...explanation. [28] Mr Gu advised the Authority on 15 December 2020 that the complainant had been granted a s 61 visa on 7 January 2020. She had spent $5,010 to regularise her status under the s 61 process and $1,850 for an appeal to the Immigration and Protection Tribunal. The total cost of $6,860 would not have occurred but for Ms Han’s misconduct. There was also the loss of wages for the period from 22 August 2019 to 6 January 2020 when she was an overstayer. The complainan...

2. Barfoot & Thompson Ltd v CAC302 & Ors [2016] NZREADT 22 [pdf, 176 KB]

   ...Committee [14] On 24 February 2015 the Committee found that the appellant agency had engaged in unsatisfactory conduct by not following its own procedures, or the requirements of Rule 10.7 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 relating to discovery of defects. Subsequently, on 22 June 2015 the Committee fined the Agency $2,500 and ordered that it reimburse the complainants for their legal costs of $1,178.75 and $1,322.50. [15] The Committee...

3. [2015] NZEmpC 137 Stevens v Hapag-Lloyd (NZ) Ltd costs [pdf, 173 KB]

   ...lies in the prompt and economic disposal of litigation, and in discouraging wasteful and unreasonable behaviour by litigants. 11 There is also an interest in encouraging employers and employees to resolve matters at an early stage, and to give careful consideration at the outset to their prospects of success if they proceed down the litigation pathway. The statutory focus on alternative dispute resolution reflects this policy objective. Allowing an offer made before an Authorit...

4. International Covenant on Civil and Political Rights - government report back 5th report [pdf, 242 KB]

   ...focused on understanding links between maternity and early parenting support services and identifying who uses these services and who may be missing out. 15. Examples of results so far include a Maternity and “WellChild” needs assessment and care planning tool for early intervention. This tool has been in use in Porirua and Waikato since January 2011, and will ensure that needs are more consistently identified and referred to the appropriate places. 16. The inter-agency group ha...

5. Erwood v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 92 [pdf, 283 KB]

   ...centre 5 of the occlusal surface of tooth 47. I enquired if he could feel it as cold – and, there being no response, checked for a difference on the adjacent tooth, the 46. I am aware of the importance to avoid respiratory issues and took care with the quantity and direction of application. Mr Erwood certainly did not demonstrate any adverse symptoms when he was present at my surgery and after the spray had been administered. There was no clear response on the teeth to th...

6. LCRO 130/2016 RB v ZB (28 June 2017) [pdf, 229 KB]

   ...whether there was undue delay [28] The issue is whether there was undue delay by Mr ZB in handing over Mr RB’s file to Mr TD following receipt of Mr TD’s request. [29] Rule 4.4.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules) spells out how the lawyer concerned must respond to a request from a client’s new lawyer to uplift the client’s files and records: Subject to any statutory provisions to the contrary, upon changing lawyers...

7. EA v WSC2 LCRO 11 / 2011 (24 June 2011) [pdf, 124 KB]

   ...changed. DECISION Background [1] On 18 September 2008, the New Zealand Law Society received a confidential report from a practitioner written in terms of Rules 2.8 and 2.9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. In that report, the practitioner advised the Society that he had reasonable grounds to suspect that the Applicant had been guilty of misconduct or unsatisfactory conduct. [2] The report arose primarily as a result of litigati...

8. [2021] NZIACDT 18 - CL v Khetarpal (10 August 2021) [pdf, 242 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.5 [36] 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 [37] 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 differ...

9. Auckland Standards Committee 1 v Harder [2022] NZLCDT 29 (23 August 2022) [pdf, 150 KB]

   ...and proper person, or otherwise unsuited to be a lawyer?4 1 Therefore, subject to s 7(1)(a) of the Lawyers and Conveyancers Act 2006 (LCA). 2 Therefore, subject to s 7(1)(b) LCA. 3 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 4 This is the threshold required to reach the level of “misconduct” under s 7(1)(b)(ii) 3 [4] The last question raises issues about how transitory the fit and proper assessment...

10. Part 1 Application legal aid lawyer [pdf, 1.2 MB]

    ...Civil Criminal Provider Approval Level 1 Criminal Provider Approval Level 2 Criminal Provider Approval Level 3 Criminal Provider Approval Level 4 Family Mental Health Māori Land Court and Māori Appellate Court Waitangi Tribunal Refugee and Protected Persons Court of Appeal and Supreme Court Employment Advocate I’m applying for approval in the following specified legal services: Duty Lawyer   Police Detention Legal Assistance (PDLA)   Family Legal Advice Service (FLAS)...