Search Results

1. Shankar v Ahuja [2015] NZIACDT 36 (31 March 2015) [pdf, 188 KB]

   ...did so without giving proper advice and taking informed instructions on the matter, and Immigration New Zealand rejected the request. [2.9] The complainant could not work and suffered hardship while she successfully appealed to the Immigration and Protection Tribunal. [3] Mr Ahuja says the complainant’s account is untrue. He says he did receive instructions, but before he could lodge the application, the complainant removed papers from his office and took over the instructions. She l...

2. LCRO 45/2020 MN v RK (22 December 2020) [pdf, 249 KB]

   ...proposal. [10] Mr MN rendered fees in the sum of $9,162.63 (GST inclusive). [11] On 25 January 2019, Ms RK filed a complaint against Mr MN with the Lawyers Complaints Service. [12] On 7 February 2019, Mr MN lodged a caveat against the property to protect his fees. [13] Mr MN provided a first response to the complaint on 19 February 2019. To the extent that his comprehensive response addressed issues of complaint that are not relevant to this review, there is no purpose served i...

3. Education and Training Bill Advice [pdf, 275 KB]

   ...removes redundant provisions, and gives effect to policy changes including: Early childhood education • requiring police vetting of all adults who live, or may be present, at a home in which children are receiving early childhood education and care; • providing the Education Review Office with the power to enter homes where home- based early childhood education is taking place; • allowing the Minister of Education to approve or decline applications to open new early learning se...

4. BORA Te Hiku Claims Settlement Bill [pdf, 280 KB]

   ...recipients of the entitlements under the Bill. No differential treatment for the purpose of s 19 therefore arises by excluding others from the entitlements conferred under the Bill. 5.Clauses 150, 332, 535 and 745 reserve a special right of access to protected sites on certain licensed land transferred to the respective iwi. This right of access applies to Maori for whom the protected sites are of special spiritual, cultural or historical significance. It is conceivable that this c...

5. BORA Ngāti Apa (North Island) Claims Settlement Bill [pdf, 277 KB]

   ...have the right to be consulted and to participate in various government decision making processes, including under the protocols provided for in Part 2 of the Bill. A further example is cl 82 of the Bill, which confers a right of access across land to protected sites on "Maori for whom the protective site is of a special spiritual, cultural, or historical significance. 10. Although the Bill confers assets and/or rights on claimants and certain other Maori that are not conferred on o...

6. BORA Ngāti Manuhiri Claims Settlement Bill [pdf, 286 KB]

   ...that perpetuates legal, social or political disadvantage faced by a marginalised group in our society. 5. Clause 107 reserves a right of access to wāhi tapu, on land transferred to Ngāti Manuhiri under the settlement, for “Māori for whom the protected site is of special cultural, spiritual, or historical significance.” It might be argued that this clause raises a s 19 issue in relation to a wāhi tapu site that also has, say, historical significance to non-Māori. However, the acce...

7. 2024 NZPSPLA 108.pdf [pdf, 93 KB]

   ...subject to the condition that he not come to the negative attention of Police. [b] Mr RK has now breached that condition as he has been convicted on a charge of assault. [c] Mr RK was sentenced to 3 months home detention and issued with a Protection Order. This is the fourth protection order that has been issued against him. [d] Mr RK now has several disqualifying convictions as follows: [i] Assault against a family member - 6/11/24. [ii] 2 x contravenes pr...

8. EA v NR LCRO 130/2015 (31 October 2016) [pdf, 174 KB]

   ...over the “Conveyancers Code of Conduct” (presumably the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008) as well as correspondence and discussions between the new lawyer and Ms NR’s firm and NZLS. [56] I have carefully considered the attendances recorded in the invoice. I am not satisfied that it was necessary for Mrs EA to incur fees of $4,488 (plus GST and disbursements) to be able to make a complaint. All she needed to do was find out that t...

9. National Standards Committee 2 v Mr Q [2023] NZLCDT 14 (2 May 2023) [pdf, 213 KB]

   ...• Do two of the assaults each amount to unsatisfactory conduct or misconduct? • What is the appropriate penalty? • Should we order compensation? • Should Mr Q’s name be suppressed? [4] In describing Mr Q’s conduct, we have thought carefully about whether we should use the word “assault”. We have considered alternatives, such as “exploitative sexual contact” which was the term used by the High Court in Gardner-Hopkins (although counsel for the Standards Commi...

10. [2024] NZLCDT 45 Auckland Standards Committee 1 v Jindal (24 December 2024) [pdf, 197 KB]

    ...National Standards Committee [2019] NZHC 2268. 8 services. Conduct which was “connected to” the regulated services also fell within the professional role, because a wide interpretation of the definition was justified, having regard to the protective purposes of the legislation. [37] Orlov is also authority for the proposition that Parliament intended that there be no gap between the two roles of personal and professional through which a practitioner could escape. [38...