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1. INZ (Calder) v Ji [2019] NZIACDT 68 (1 October 2019) Sanctions [pdf, 119 KB]

   ...communicating with the client through multiple entities, including a company in another country which was not part of Mr Ji’s employer. Such a business structure meant that he had been neither professional nor diligent, had he conducted himself with due care. In respect of the provision of false documentation to Immigration New Zealand, while he did not know the documents were false, he had been negligent in the way the documents had been obtained and provided to the agency. His...

2. Godinich v Guan Thye Heng Co Ltd [pdf, 97 KB]

   ...cladding has been removed, I think that it is probable that the remedial work will be restricted to a reconstruction of the top of the balustrade. There are a number of different ways of waterproofing the top, but all will involve installing a protective capping along the full length of the balustrade and ensuring proper junctions with the external walls of the house. I would accept the costings provided by Mr Jordan as being reasonable, and would set the cost of the remedial wo...

3. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...on the architect’s plans. [5] The Simpsons believed that the contract was: • to prepare working drawings, • supervise the construction project, and • manage the whole process acting as their agent and ensuring their interests were protected. [6] The nature of the contract was disputed by Mrs O’Callaghan who says, inter alia, that the Simpsons were not willing to pay for supervision of the contract. [7] Mrs O’Callaghan drew plans from the architect’s sket...

4. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [pdf, 258 KB]

   ...consented plans also had stamped on them the requirement that the cavity between the backing and the building Page 17 of 44 paper was to be sealed from the roof space and the subfloor and opened at the bottom to drain moisture to the outside but protected against the entry of vermin. [45] I accept that the lack of an adequate drainage plane or the sealing of the drainage plane has contributed to the damage resulting from water ingress. The responsibility for this defect...

5. LCRO 03/2012 TX v NE [pdf, 221 KB]

   ...be some doubt as to the competence of an elderly person and this review concerns the question of what is the appropriate course of conduct for a lawyer faced with such uncertainty. Regrettably conflict between family members in respect of the care and protection of elderly members of the family is not uncommon. At the root of this complaint is the conflict between ND and the Applicant. On the one hand the Applicant considers that ND was acting in his own interests and not using his...

6. Govt-Response-to-Petition-of-Pandora-Black-Repeal-S19-PRA-2003-FINAL-v2.pdf [pdf, 347 KB]

   ...Petition). Background 2 The Petition, submitted by sex worker and activist Pandora Black, requests that the House of Representatives pass legislation to repeal section 19 of the Prostitution Reform Act 2003 (the Act) and apply the same rights and legal protections to migrant sex workers who are on a work visa as given to citizens. 3 The Act decriminalised prostitution for most people in New Zealand. It allows sex workers to benefit from ordinary employment relationships, the enforce...

7. Otago Standards Committee v Klinkert [2014] NZLCDT 60 [pdf, 85 KB]

   ...summary are: (a) In 2006 the practitioner was acting for the parents of J. J held powers of attorney for his parents (the Zs). Previously, in 2005 the parents had applied to Work and Income New Zealand (“WINZ”) for a Residential 3 Care Subsidy (the “Subsidy”) that was declined because their assets exceeded the relevant statutory threshold. (b) The practitioner was instructed by J to pursue an action against a Dunedin firm of Solicitors who had undertaken asset pla...

8. Asad v Patel [2014] NZIACDT 61 (30 April 2014) [pdf, 138 KB]

   ...the complaint on wider grounds, but the Registrar identified material that supports the following grounds of complaint: [5.1] The adviser breached the Licensed Immigration Advisers Code of Conduct 2010, in that he breached his duties: [5.1.1] Of care, diligence, respect and professionalism under the Code of Conduct, in performing his services and his obligation to comply with immigration legislation (clause 1.1(a)) and clause 2.1(b)); [5.1.2] To complete the professional engagement p...

9. CAC 414 v Goyal [2018] NZREADT 3 [pdf, 191 KB]

   ...obtain the vendors’ consent in the prescribed form to VAD’s acquisition of the properties; [b] s 135, by failing to provide the vendors with an independent valuation; [c] r 6.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), by failing to comply with fiduciary obligations owed to his vendor clients; [d] r 6.3, by engaging in conduct likely to bring the industry into disrepute; [e] r 6.4, by misleading or withholding informa...

10. TX v NE LCRO 03 / 2012 (18 February 2013) [pdf, 121 KB]

    ...be some doubt as to the competence of an elderly person and this review concerns the question of what is the appropriate course of conduct for a lawyer faced with such uncertainty. Regrettably conflict between family members in respect of the care and protection of elderly members of the family is not uncommon. At the root of this complaint is the conflict between ND and the Applicant. On the one hand the Applicant considers that ND was acting in his own interests and not using his...