Search Results

1. Tuumotooa v Tangilanu [2014] NZIACDT 57 (29 April 2014) [pdf, 125 KB]

   ...grounds of complaint and so has advanced the complaint on the following basis: [4.1] The adviser failed to meet her professional obligations, in that: [4.1.1] She was negligent (section 44(2)(a) of the Act); [4.1.2] She breached her duties of care, diligence, respect and professionalism under the Code of Conduct by failing to take reasonable steps to ensure her clients’ interests were represented when she was no longer able to continue as representative(clause 1.1(c)); and [4.1.3]...

2. XX v TD [2024] NZDT 235 (7 February 2024) [pdf, 182 KB]

   ...periodontist to heal gums and teeth that she claims TD damaged (approximately $1500.00), and half of the amount of her orthodontic treatment going forward in the amount of $4,987.50. 4. The Consumer Guarantees Act 1993 (CGA) provides guarantees to protect consumers in relation to the provision of services. Section 28 provides a guarantee that the service will be carried out with reasonable care and skill. Section 29 states that where services are supplied to a consumer there is a gua...

3. [2020] NZEmpC 227 Wills v Farmlands Co-Operative Society Ltd [pdf, 232 KB]

   ...alternative advice. [19] In Ms Sharma’s submissions she argued that, in combination, giving instructions at the January meeting, returning the acceptance page and the subsequent emails showed the test in s 115(b) was met. She emphasised the client care and service section of Pitt & Moore’s terms and conditions, where the firm agreed to protect and promote Ms Wills’ interests. Although not expressed precisely in these terms, Ms Sharma’s submissions for Ms Wills emphasis...

4. Government-Response-to-the-Report-of-the-Petition-of-Kiwilaw-Probate-and-Estates-Ltd_FINAL.pdf [pdf, 384 KB]

   ...2024-07-25 15:18:37 2 Government response to Report of the Petitions Committee on the Petition of Kiwilaw Probate and Estates Ltd: Raise the threshold for requiring probate or letters of administration Introduction 1 The Government has carefully considered the Petitions Committee’s (the Committee) report on the Petition of Kiwilaw Probate and Estates Ltd: Raise the threshold for requiring probate or letters of administration (the Report). 2 The Report was presented to th...

5. Wellington Standards Committee v Manktelow [2012] NZLCDT 30 [pdf, 92 KB]

   ...This occurred for a period of almost two years. [6] The Practitioner readily and promptly admitted all of the charges. The Trust Account [7] A solicitor’s Trust Account is an account in which clients funds are accumulated and held in trust. Careful records need to be kept showing the individual entitlements of clients to funds within the account. Subject to correct procedures being followed, a lawyer is entitled to take his or her fee remuneration or to recover disbursements...

6. Auckland Standards Committee 5 v Hong [2019] NZLCDT 28 [pdf, 132 KB]

   ...files and more widely for an assessment of how Mr Hong was administering client files. [10] Mr Strang instanced examples of the assurance information he would have expected to see having viewed a file. He would be looking to see: (a) a client care exchange; (b) a reporting statement; (c) an interaction between the firm and its client; (d) compliant invoices; (e) a trustee’s authority; and (f) proof that office expenses were being charged as disbursements. [11] He said th...

7. INZ (Calder) v Chiv [2019] NZIACDT 73 (21 October 2019) [pdf, 240 KB]

   ...Immigration Advisers Competency Standards 2016. [51] The Code clearly contemplates, and the Competency Standards expressly require, that an adviser will provide accurate information to Immigration New Zealand in applications.14 This requires the careful review by the adviser of information provided by 12 Registrar’s supporting documents at 465, 483 & 502. 13 Statement of complaint at [16]–[18] with references to Registrar’s supp...

8. Youth Justice Indicators Counting Rules and Limitations [pdf, 280 KB]

   ...relatively small numbers and changes in the recording of ethnicity over time. 7 YJI 1.6. Proportion of children and young people referred for a FGC who have previously been the subject of a report of concern to Oranga Tamariki relating to their care and protection Counting Rules Section 2(2) of the Children, Young Persons, and their Families Act 1989 states that jurisdiction for proceeding against a child or young person is based on the person’s age when they allegedly...

9. [2021] NZREADT 22 - Jenkins v The Real Estate Agents Authority, Roberts & Tai Rakena (14 May 2021) [pdf, 316 KB]

   ...confirming in writing the appellants’ instructions to disclose the pending construction at the slab, and the pending demolition and rebuild of the villa, and by not disclosing these to the purchaser, the licensees had failed to exercise skill, care, competence, and diligence in carrying out real estate agency work (in breach of r 5.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”)), failed to provide information which should in fai...

10. LCRO 106/2022 MG v WL (30 June 2023) [pdf, 247 KB]

    ...failed to advise of alternatives to litigation; g) failed to follow instructions; h) was guilty of providing misleading and deceptive conduct directed only to obtaining financial gains; i) acted in breach of r 2.3 of the Conduct and Client Care Rules7 by using legal processes for improper purposes; j) did not proactively warn Ms MG of risks; k) breached other Acts – e.g the Fair Trading Act, Crimes Act; l) failed to communicate clearly; m) was conflicted and did no...