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1. Tully v Yerman [2012] NZIACDT 39 (31 July 2012) [pdf, 78 KB]

   ...response has been to attempt to place the blame for her own failings on her client. The complaint has been upheld in a decision issued on 9 May 2012. [5] The Tribunal found Ms Yerman: [5.1] Breached clause 1.1 of the Code as she failed to act with care, diligence and professionalism in performing her services. In particular: [5.1.1] She was careless in failing to identify the date by which the appeal had to be lodged. [5.1.2] She was not diligent, as she failed advise her clients...

2. BORA Smoke-free Environments (Controls and Enforcement) Amendment Bill [pdf, 338 KB]

   ...prescribed with which one or more classes of people of that kind must comply with before, or while, allowing a tobacco product, package or carton to be visible in a way prescribed. Right to Freedom of Expression Section 14 of the Bill of Rights Act protects the right to “freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind and any form.” The right extends to all forms of communication including advertising. [1] The Canadia...

3. VJ v JT LCRO 279/2014 (2 September 2015) [pdf, 99 KB]

   ...action on his complaint against Ms JT, made by the [City] Standards Committee [X] on 5 November 2014. Complaint [2] Mr VJ applied to the Family Court for a variation to parenting orders in respect of his two children who were in their mother’s care (the proceeding). Ms JT acted for the children’s mother, Ms VJ. Mr VJ called his adult step-daughter BB as a witness in the proceeding. At the time, BB was employed as a Family Court deputy registrar. [3] Mr VJ says that in t...

4. [2022] NZIACDT 1 - ZI v Wan (19 January 2022) [pdf, 208 KB]

   ...ASSESSMENT [50] The Registrar relies on the statutory ground of complaint of negligence, alternatively cl 1 of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. (1) Failing to inform the complainant and explaining Immigration NZ’s decision to reject the exemption made before the trip to China on 9 June 2019 [51] This concerns the second trip to China without her...

5. LCRO 007/2017 NT YR v HV [pdf, 89 KB]

   ...Committee considered the materials to ascertain whether they disclosed evidence of any professional failing on Mr HV’s part, on the basis that the complaints were about his service, failure to comply with instructions and his fees. The Committee was careful not to criticise the complainants, noted the timeline Mr HV had provided, and considered Mr HV had carried out his instructions in a timely manner. It was not persuaded that Mr HV’s advice about the minor beneficiaries had been in...

6. Auckland Standards Committee v Hylan [2014] NZLCDT 31 [pdf, 95 KB]

   ...against Mr Hylan that at the time he certificated the (separation) agreement he knew: (a) The contents of the agreement were false, in that contrary to what the agreement said the parties (Ms S and her husband) were not separated and were jointly caring for their children; (b) Ms S was being forced to sign the agreement by Mr S; and (c) The agreement was needed in order to support a Visa application to Immigration New Zealand (“INZ”) for a person said to be Mr S’s “girlfriend...

7. 2022-02-11 Statement of Evidence of Jana Davis dated 11 February 2022 [pdf, 784 KB]

   ...ahau Ko Bill Davis tōku Poua – te upoko o Ōraka-Aparima Ko Jane Davis tōku Taua Ko Rewi Davis tōku Papa Ko Jana Davis tōku ikoa Tēnā koutou katoa I wish to give special acknowledgement to the Environment Court and those undertaking the careful consideration of the proceedings which will affect our waters, our land and our children after us and note the importance of the duties entrusted in you to come to the agreed outcomes of today. He taura whiri kotahi mai ano te kopuka...

8. LCRO 108/2018 WR v NS (23 August 2019) [pdf, 243 KB]

   ...house owned and occupied by [her and her husband] and reserved [them] a life interest in the land the house was on and the curtilage around it”.7 [17] In 2015, Mrs NS issued proceedings “seeking the appointment of a property manager under the Protection of Personal and Property Rights Act 1988 to manage Mr EU’s affairs”.8 [18] In the course of those proceedings, affidavits were provided by Doctors MC, RY and UL. Copies of those affidavits were provided by Mrs NS together...

9. OR v PL LCRO 88 / 2011 (20 August 2012) [pdf, 110 KB]

   ...OR’s partner (Ms PJ) concerning alleged acts of violence by Mr OR. At the time Ms PJ approached Ms PL, Mr OR was overseas. He was due to return to New Zealand on Saturday 2 October 2010. [3] Ms PL formed the view that Ms PJ should apply for a protection order and that it should be applied for ex parte. The application was lodged with the Court late on Thursday 30 September for consideration by the Court the following day. Ms PL had formed the view that she should apply for th...

10. [2021] NZEnvC 017 Director General of Conservation v Whangarei District Council [pdf, 5 MB]

    ...Schedule 1, clause 14(1) (a – d)? 10 (c) Did the appellant refer to the provisions or rules? [39] In Option 5 Inc v Marlborough District Council4 “provision or matter should be given a limited interpretation” and in Royal Forest & Bird Protection Society v Southland District Council5 this includes whether “fairly and reasonably raised”. The Court is to look at the whole relief package.6 [40] More recently, holistic approaches to resolution have been endorsed by...