Search Results

1. Kaufusi v Tangilanu [2014] NZIACDT 54 (24 April 2014) [pdf, 111 KB]

   ...complaint on wider grounds, but the Registrar identified material that supports the following grounds of complaint: [4.1] The adviser breached the Licensed Immigration Advisers Code of Conduct 2010, in that: [4.1.1] She breached her duties of care, diligence, respect and professionalism under the Code of Conduct, in performing her services and carrying out her instructions (clause 1.1(a) and (b)); [4.1.2] Breached her duties in relation to written agreements and fees (clauses 1.5(a)...

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

   ...involvement and responsibility based on the information available to the Tribunal, even though he did not participate in the adjudication hearing. All parties accepted that Mr Malone was the builder of the property and therefore he owed a duty to use care and skill in carrying out the building work and to ensure that the approved documents for construction contained sufficient information. The Tribunal found that Mr Malone’s carelessness and negligence was the major reason for the d...

3. BORA Lawyers and Conveyancers Bill [pdf, 25 KB]

   ...interest of the intrusion on the particular right protected by the Bill of Rights Act; 3. The limits sought to be placed on the application of the Bill of Rights Act provision in the particular case; and 4. The effectiveness of the intrusion in protecting the interests put forward to justify those limits." This passage emphasises that the assessment under s 5 BORA must be a nuanced and context-specific one. 7. Ministry of Justice officials have indicated that the Government con...

4. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

   ...paid it into a trust account, as she has since accepted she should have done. By thwarting the operation of Regulation 9, Ms DA cannot be said to have breached it. While that is a logical outcome, it is not satisfactory in that it side-steps the protections Regulation 9 provides to lawyers’ clients. [77] The Committee was also correct to find that Ms DA had breached Regulation 10, which makes provision for fees and disbursements to be paid in advance of a practitioner renderin...

5. [2022] NZIACDT 29 - EQ v McCarthy (19 December 2022) [pdf, 322 KB]

   ...Immigration NZ to Mr McCarthy on 6 succeeded only once, speaking to him on 14 October 2021. He told the officer he would reply to their emails that day, but he did not do so. [32] On 4 November 2021, Immigration NZ wrote to the complainant, care of Mr McCarthy, stating that the mandatory character information was missing. The government agency said it had sought to contact Mr McCarthy numerous times between 23 July and 28 October 2021, but he did not respond. They were given...

6. Sharma v Manchanda [2018] NZIACDT 2 (2 February 2018) [pdf, 196 KB]

   ...complaint was made, the Registrar required that Mr Manchanda provide a copy of his file, but he did not provide file notes that he later relied on. [3] The essential features of the grounds of complaint are, Mr Manchanda failed to take adequate care over the absent police certificate, did not give adequate advice and failed to follow up advice in writing, and he failed to provide the Registrar with a full copy of his file. [4] The essential facts are not contentious, though what w...

7. Tonks v Stone [pdf, 105 KB]

   ...to be correctly flashed with matching profile roofing material. All the very awkward flashing of rounded junctions between walls and roofs and skylights and the like need to be flashed by an experienced plumber as considerable thought and care is required to ensure weathertightness at these difficult points. Conventional flashing materials will not be able to effect weathertightness due to the curved shapes of the walls and roof skylight and the trapedoizial-section roofing....

8. [2022] NZIACDT 10 - BC v Lawlor (18 May 2022) [pdf, 192 KB]

   ...bundle of support documents. It concerned Mr Lawlor’s work for the father. The following heads of complaint against him are referred to the Tribunal: Negligence, or alternatively breach of the specified provisions of the Code (1) Failure to take care filing a PGVV for the father when he was not eligible, in breach of cl 1. (2) Failure to file a s 61 request in a timely manner and failure to acknowledge his role in the delay, in breach of cl 1. (3) Failure to have a written agr...

9. Johnson v Canterbury/Westland Standards Committee 3 - Outcome of appeal of decisions [2018] NZLCDT 5 and [2018] NZLCDT 21 [pdf, 439 KB]

   JOHNSON v CANTERBURY/WESTLAND STANDARDS COMMITTEE 3 [2019] NZHC 619 [28 March 2019] IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CIV 2018-404-000533 [2019] NZHC 619 BETWEEN RONALD BRUCE JOHNSON Appellant AND CANTERBURY/WESTLAND STANDARDS COMMITTEE 3 Respondent Hearing: 29 August 2018 Appearances: P J Napier & N Pye for Appellant S Waalkens & M Mor

10. Youth Court - 10 myths & misunderstandings about family group conferences (FGCs) [pdf, 165 KB]

    ...Group Conference (FGC)” Reality This is far from the case. In most cases, the Police will not even consider charging the young person and bringing them to court, and so an FGC will not be held (unless there are other reasons to do so eg care and protection). Around 70% of cases will be resolved without an FGC occurring: 26% will result in warnings from the Police, and 43% will result in the Police using what is called “alternative action” - which is a formal, community-base...