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1. [2021] NZREADT 19 - Moseley v The Real Estate Agents Authority & Smith (29 April 2021) [pdf, 355 KB]

   ...course of the investigation of Mr Moseley’s complaint the elements of the complaint were summarised as being that Mr Smith: [a] misled Mr Moseley by telling him that the property was not affected by the 2015 floods; [b] failed to exercise skill, care, competence, and diligence by failing to discover and disclose defects that were reasonably discoverable, in respect of flooding, failed drainage, subfloor, piles, cladding, rot, and other building defects; and [c] avoided making...

2. Family Court Rewrite Submission - Youth Law [pdf, 453 KB]

   ...proceedings that will affect them. Although New Zealand ratified UNCROC in 1993, children in New Zealand are not fully accorded these rights. 3.2 YouthLaw Aotearoa acknowledge that there is provision for children’s voices in Section 6(2)(a) of the Care of Children Act (“COCA”) which states that a child must be given reasonable opportunities to express views on matters affecting the child. However, this provision falls short of these convention rights and leaves what is “reas...

3. Hahn v Walke [2019] NZIACDT 19 (8 April 2019) [pdf, 306 KB]

   ...the following possible breaches of the Code: (1) advertising a visa pathway which is not viable and misrepresents New Zealand immigration and citizenship requirements, in breach of cl 29(e) and (f); (2) failing to exercise diligence and due care in ensuring that advertised visa pathways are viable under Immigration New Zealand and citizenship requirements, in breach of cl 1; (3) facilitating the provision of unlicensed immigration advice by Mr Walke at seminars and thereby fai...

4. [2020] NZREADT 12 - Feschiev (4 May 2020) [pdf, 241 KB]

   ...asbestos [63] Whether Ms Cruickshank breached her professional requirements essentially comes down to a consideration of the duties that are imposed upon licensees by provisions such as rr 6.2, 6.3, and 10.7 of the Professional Conduct and Client Care Rules.9 It would appear that the Committee did not make reference to r 10.7, but we are entitled to have regard to its terms when determining this appeal by way of a rehearing. [64] Rule 10.7 provides: 10.7 A licensee is not requir...

5. LCRO 21-2017 AJ v AK [pdf, 298 KB]

   ...failed to competently advise Mr AK how to resolve the dispute; (b) whether Mr AJ has failed to account to Mr AK for the trust account funds and if so, whether that involves a breach of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); and 6 Standards Committee determination, 30 November 2016 at [4]. 6 (c) whether Mr AJ failed to apply for clarifying orders within six months of 24 Ma...

6. [2022] NZIACDT 17 - SU v Murthy (18 July 2022) [pdf, 305 KB]

   ...by Immigration NZ in 2021, for which they would have been eligible. 14 [79] It is contended by the complainant that she and her husband had been left with a huge loss arising from Ms Murthy’s dishonest behaviour. They had lost their careers and the life they had planned to build. Submissions from Ms Murthy [80] Ms Murthy provided the Tribunal with very similar supplementary statements on 1 August 2021 (dated 1 August) and on 17 August 2021 (dated 13 August). [81] In...

7. LCRO 185/2017 DO v DP (18 March 2019) [pdf, 237 KB]

   ...pursuant to s 152(2)(b) of Lawyers and Conveyancers Act 2006 (the Act), that by repaying Mr JQ’s boat loan without his clients’ consent Mr DO had failed to act competently consistent with the terms of the retainer and the duty to take reasonable care. By doing so he had contravened r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules) which constituted unsatisfactory conduct under s 12(c) of the Act. [24] The Committee ordered Mr DO...

8. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

   ...from Mr CD to Lawyers Complaints Service (1) before the Committee's hearing, 23 May 2017, 2 June 2017, 13 June 2017, 29 June 2017 and 20 July 2017; (2) after the Committee's hearing, 6, 9 October 2017. 4 (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), which constituted unsatisfactory conduct under ss 12(a) and 12(c) of the Act. [20] The Committee made orders that Mr CD pay a fine and costs. [21] Concerning Ms AB’s allegations that Mr CD (a) did not foll...

9. Submissions summary: Independent Panel examining the 2014 family justice reforms (second consultation round) [pdf, 2.1 MB]

   ...said Q1 What should be included in a comprehensive safety checklist? Fifty-nine submitters responded to question 1. Submitters were generally supportive of including the old section 61 checklist in some way. The now-repealed section 61 of the Care of Children Act set out a range of matters to be considered when assessing children’s safety including the nature, seriousness and frequency of violence. Some submitters (19%) suggested the Court should be required to consider not only...

10. Recommendations Recap Issue 18 [pdf, 736 KB]

    ...was dry. There were strong gusty winds and visibility was good. The police specialist traffic crash investigation unit 7 conducted a report. They found the road and roadsides had adequate road markings but noted there was no barrier protection. There were no vehicle mechanical issues. There was no issue of speed and there was no alcohol involved in the crash. The post mortem found no evidence to suggest a prior medical event. The specialist crash analysis report sugg...