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1. Peter Thompson v Complaints Assessment Committee 413 & Ajay Rathod [2017] NZREADT 51 [pdf, 191 KB]

   ...Agreement for Sale and Purchase of a Business identified [Mr Thompson] as the real estate agent responsible for the sale and held that the deposit would be paid to his real estate agency trust account. In light of the Act’s purpose of consumer protection, it is somewhat 4 Substantive decision, at paragraph 3.11. 5 Referring to the Tribunal’s decision in Pollett v Real Estate Agents Authority (CAC 10048) [2013] NZREADT 4, at...

2. Legal aid - limited approvals Operational Policy & application form draft [pdf, 888 KB]

   ...civil lead provider approval for attendance on: − coronial proceedings; − an application for forfeiture resulting from a criminal case they have acted on; − an application as a respondent to an order made under the Public Safety (Public Protection Orders) Act 2014 resulting from or related to a criminal case they have acted on; or − judicial review proceedings related to a criminal case they have acted on. DRAFT 6 • where the applicant has an existing approval...

3. Hinckley v Macduff LCRO 169 / 2009 (28 January 2010) [pdf, 158 KB]

   ...important to him that he expected Ms Macduff to refer to him as regards the contents of those documents. He said that this was because they needed to reflect his parents’ wishes and he knew what those wishes were in light of the fact that he had been caring for them for many years. Ms Macduff responded by email on 5 May noting that she could not discuss the contents of the wills with JH. [9] In early June Ms Hinckley fell ill and she died on 17 June 2009. This led to a meeting bet...

4. [2024] NZIACDT 25 - EM v Ma (25 October 2024) [pdf, 244 KB]

   ...Disciplinary Tribunal [2017] NZHC 376 at [93]. 6 Immigration Advisers Licensing Act, s 50. 7 [30] The sanctions that may be imposed by the Tribunal are set out in the Act.7 The focus of professional disciplinary proceedings is not punishment but the protection of the public.8 [31] 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...

5. AT v RN LCRO 47/2015 (29 September 2016) [pdf, 90 KB]

   ...understanding of the outcome of the complaint. (b) Subject to any overriding duty to the Court, a lawyer's duty is to his or her client not the person on the other side of the dispute. (c) Mr [RN]’s duty was to his own client. He had no duty to protect and promote the interests of Mr [AT] or Mr [EC]. (d) Mr [RN] had been retained to consider his client's position, in the context of the available facts and the relevant law, to set out the legal position as he saw it and to...

6. Coutts - Estate of James Pou (2008) 129 Whangarei MB 145 (129 WH 145) [pdf, 328 KB]

   ...MB 148 SMonk: Yes, he was just left behind and my uncle looked after him. Court: He raised him from what age? S Monk: About 3. Court: Right through his childhood? S Monk: Oh, off and on because between my uncle and his wife they both took care of him. They were both separated . R Potorata: ... and he'd go back to his ... Court: Did the mother of Trez ... ? R Potomta: He'd go back to his parents when he (sic) got out of jail. [13] Although Sharee Monk acknowledged Tr...

7. Legal aid for civil family disputes - Tongan [pdf, 850 KB]

   ...ma‘u atu ha tokoni fakalao ‘i he kahau´. ‘E ‘ikai fiema‘u ke ke totongi fakafoki ‘a ho‘o tokoni fakalao´ kapau na‘e ngāue‘aki ki he: • ngaahi tu‘utu‘uni malu‘i fakalao ki he houtamaki ‘i ‘api´ (domestic violence protection orders) • ni‘ihi kuo fokotu‘u atu ko ha tokotaha mahaki (proposed patient) ‘i ha keisi fakalao ‘i he malumalu ‘o e Mental Health (Compulsory Assessment and Treatment) Act 1992 • ni‘ihi kuo fokotu‘u atu ko ha mahaki...

8. [2024] NZIACDT 23 - FM v Yang (03 September 2024) [pdf, 263 KB]

   ...work from the employer was not available. [17] On 19 June 2023, the complainant filed with the Ministry of Business, Innovation and Employment a report of exploitation against the employer. He was declared eligible for a migrant exploitation protection visa on 21 June 2023. COMPLAINT [18] On 30 August 2023, the complainant made a complaint to the Authority against Mr Yang. He alleged he had never met Mr Yang and never signed the “visa agent service agreement”.1 Furthermor...

9. [2024] NZIACDT 30 INZ v Li (6 December 2024) [pdf, 250 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.5 [29] 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 [30] 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...

10. [2024] NZIACDT 29 INZ v Li (6 December 2024) [pdf, 253 KB]

    ...it, uphold it but take no further action or uphold it and impose one or more sanctions.5 [33] 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) and (3). 3 Section 49(3) and (4). 4 Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 5 Immigration Advisers Licensin...