Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. O'Connor v Macdee McLennon Construction Limited [2012] NZWHT Auckland 14 [pdf, 170 KB]

   ...Interior paint began to peel. THE ASSESSOR’S REPORT [13] The claimants lodged a claim with the WHRS on 21 April 2008. The assessor found that the house leaked: 15.2 Where and why does it leak? 15.2.1 Joinery transitions – no protective flashings or in seal – insufficient head flashing detail – in variance with manufacturer’s specifications. 15.2.2 Flat topped balustrades – no protective flashings or slope – in variance with specifications and plans....

6. BORA - Abortion Legislation Bill: Attorney-General's opinion [pdf, 247 KB]

   ...physical health, mental health, and well-being. New section 11 limits the right to freedom from discrimination 5. To infringe the right to freedom from discrimination in s 19 of the Bill of Rights Act, a distinction must be drawn on the basis of a protected characteristic and constitute a material disadvantage to the affected members of that group. I have concluded new section 11 gestational limit impairs the s 19 right. That is because it constitutes disadvantageous differentia...

7. Recommendations recap - issue 2 [pdf, 1.7 MB]

   ...occurring in the future. In order to publicise these lessons, the findings and recommendations of most cases are open to the public. Table of contents 1 Case study butane 11 Recommendations 11 Adverse effects or reactions to medical or surgical care 15 Aged care 15 Child deaths 17 Deaths in custody 26 Drugs, alcohol or substance abuse 27 Fall 27 Fire-related 27 Homicide or interpersonal violence 28 Mental health issues 28 Natural causes 28 Product-related 29 Recreational or lei...

8. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

   ...Friday, 12 April 2019 email, and her telephone message that day, BN had not contravened his duty to act in a timely manner.4 3 Rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) states “In providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care”. 4 Rule 3. 5...

9. [2020] NZSAAA 2 (13 March 2020) [pdf, 279 KB]

   ...life and subsequent to his leaving home in early 2019 in order to attend university, are not in dispute. It is the interpretation of the relationship that is at issue. Initially, when, immediately after his birth, the appellant was removed from the care of his biological mother and placed in the care of L, it appears to have been envisaged that the birth parents would, over time, take on at least some of the responsibilities of parenting. His father, in particular, expressed some intere...

10. McKinney v Cassidy [pdf, 259 KB]

    ...upset and loss of enjoyment as a result of the above defects, in the amount of $20,000.00. 4.8 The claims against Mr Cassidy are in tort and based on allegations of negligence. The Owners say that Mr Cassidy owed them a non-delegable duty of care to ensure that all building work was carried out in compliance with the building regulations. They claim that he breached that duty by failing to carry out, or have carried out, the building work in a compliant manner. 4.9 The cla...