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1. Finau v Tangilanu [2014] NZIACDT 50 (15 April 2014) [pdf, 110 KB]

   ...Code of Conduct in relation to ceasing her services, in that she: [4.1.1] Did not take reasonable steps to ensure her clients’ interests were represented when she could not continue as their representative; in doing so she breached her duties of care, diligence, respect and professionalism under the Code of Conduct (clause 1.1(c)); and [4.1.2] Failed to confirm in writing when work ceased part way through an immigration process (clause 3(b) of the Code of Conduct). [5] In outline,...

2. Crosswell v Auckland City Council [pdf, 96 KB]

   ...inspection report when they were aware of intermittent water leaks over a number of years coupled with their acceptance that they were aware of the publicity of leaky homes in late 2005, the claimants were negligent in failing to take further steps to protect their position. In following the High Court decision in Byron Ave, the Tribunal reduced the claimants’ claim by 20% for contributory negligence General Damages In the Tribunal’s jurisdiction, only an owner of a leaky home cla...

3. CN v XN 2015 NZDT 833 (22 September 2015) [pdf, 67 KB]

   ...[2] In July 2015 CN filed a claim in the Tribunal for $6,000 from XN. Issue [3] The issue is whether BB was misrepresented. [4] This is a contractual dispute. The Contractual Remedies Act 1979 applies. The Consumer Guarantees Act 1993 and the protection it affords such as fitness for purpose do not apply as this was an agreement between private individuals. [5] Section 6 of the Contractual Remedies Act 1979 entitles a party to damages for any loss suffered where a party to a contr...

4. Harland v ACC [2014] NZACA 13 [pdf, 166 KB]

   ...Respondent HEARING 15 April 2014 at Auckland AUTHORITY Robyn Bedford APPEARANCES P Nee Harland, as advocate for the appellant P McBride, counsel for the respondent DECISION [1] This appeal concerns a request for backdated attendant care under s 80(3) of the Accident Compensation Act 1982, made by Mr Nee Harland on his daughter’s behalf on 10 March 2003 in respect of injuries Grace suffered on 3 June 1988 as a result of a forceps delivery birthing accident which dam...

5. LCRO 152/2017 CS v GB (22 May 2018) [pdf, 248 KB]

   LCRO 152/2017 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee BETWEEN CS Applicant AND GB Respondent The names and identifying details of the parties in this decision have been changed. DECISION Introduction [1] Mr CS has applied for a review of a decision by the [City] Standards Committee (the Committee) to tak

6. LCRO 201/2017 ZK v XM (29 June 2018) [pdf, 288 KB]

   ...2013, that Mrs RM informed Ms ZK that Mr GH had not told [Mrs RM] about that financial assistance. [7] By May 2013, Mrs RM was a resident at [Rest Home A] ([Rest Home A]). She was 85 and had suffered strokes. She wanted to make a new will. A care giver at [Rest Home A] asked Ms XM to see Mrs RM. Ms XM made two visits to [Rest Home A] to obtain Mrs RM’s instructions on 16 and 31 May 2013, and then on 17 June 2013 to attend Mrs RM on signature of the will. [8] Under her Ju...

7. LCRO 23/2023 VT v NH (18 March 2025) [pdf, 231 KB]

   ...made a finding of unsatisfactory conduct against Mr VT and imposed orders.1 Background [2] Ms NH and Mr BN commenced a relationship in 1995. [3] In 1998, Mr BN instructed Mr VT to establish a Trust for him, expressly with the objective of protecting assets from potential relationship property claims.2 [4] The trustees of the Trust were Mr BN and his brother, GN. 1 Mr VT was fined $6,000 and ordered to pay Ms NH the sum of $2,000 by way of compensation and to pay the sum o...

8. Director of Proceedings v Health New Zealand [2024] NZHRRT 52 [pdf, 403 KB]

   ...defendant has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of Right 4(1) by failing to provide services to the aggrieved person with reasonable care and skill; and Right 4(4) by failing to provide services in a manner that minimised potential harm to, and optimised the quality of life of, the aggrieved person. [3] Having considered the agreed summary of facts the Tribunal is satis...

9. BORA Crimes (Reasonable Parental Control and Correction) Amendment Bill [pdf, 140 KB]

   ...preventing the child from engaging or continuing to engage in conduct that constitutes a criminal offence • preventing the child from engaging or continuing to engage in offensive or disruptive behaviour • performing the tasks incidental to good care and parenting, or • correcting the behaviour of a child. The defence will only arise in cases that rise to the level of assault, meaning instances involving more than de minimis force. 4. The Bill also repeals existing s 59(4)...

10. [2018] NZLCDT 29 Auckland Standards Committee 2 v Horsley [pdf, 96 KB]

    ...propose to repeat the specific failings which we found in the practitioner but we do record by way of guidance for other lawyers, that where a client is elderly, good practice demands independent verification of capacity and the taking of particular care in ascertaining complete understanding and consent to a transaction being undertaken on that person’s behalf. [4] Counsel are agreed as to the principles underlying the Tribunal’s role in imposing penalty. It is not a punitive...