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1. Taylor v Corrections [2018] NZHRRT 35 [pdf, 308 KB]

   ...recite that evidence at length. A possibly incomplete summary follows. [34] The evidence of Mr Arbuckle addressed three broad topics: [34.1] The Department’s concerns relating to staff safety and its view of the importance of staff privacy in protecting both staff safety and the safe management of custodial and community based sentences. [34.2] The Department’s processes for responding to Privacy Act requests and its approach to protecting staff privacy under the Privacy Act. [...

2. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

   ...has significance later. [28] SE Middlemass undertook caulking in particular to the exterior log extensions in an attempt to close and seal the gaps between the logs. He said he was told to do this by the building inspector Mr Apeldoorn to “protect their investment”. Regardless it is clear that this is a specific requirement contained in the first notice to rectify. It has significance later. [29] In or about January 2002 Dorfliger agreed to box in the log extensions, th...

3. ETS v WKE [2013] NZIACDT 4 (05 February 2013) [pdf, 109 KB]

   ...engaged Mr WKE, who unsuccessfully sought to persuade Immigration New Zealand that the position of employment was suitable. The complaint is that the endeavour was either hopeless, or had such little prospect of success that he should have taken some care to warn Mr ETS of that. [3] There was a second instruction after the first endeavour failed, and the complaint is that Mr WKE overcharged for this instruction, which did not progress past the initial stages. [4] The Tribunal has found...

4. Sidhu v Tan [2016] NZIACDT 62 (29 September 2016) [pdf, 159 KB]

   ...his client, and lodged a non-complying application: [8.1] The statement of complaint identifies the allegation as a breach of clause 1.1(a) of the 2010 Code. It requires that a licensed immigration adviser perform his or her services with due care, diligence, respect and professionalism. [8.2] The statement of complaint identifies the allegation that Mr Tan was aware third parties had transferred specified funds used as investment capital, and accordingly, Ms Sidhu would not meet...

5. VS v CN 51/2016 LCRO [pdf, 151 KB]

   ...business to Mr VS, who would be acting as general manager.5 [6] After some discussion regarding the purchasing entity, whether it should be a company or a limited partnership,6 Mr CN sent terms of engagement dated 19 October 2015 through to Mr DL, care of Mr VS (the letter of engagement). The letter of engagement described the services Mr CN and his team would provide as “to act on your behalf in relation to the purchase and lease of QL Hotel”, and said that the instruction...

6. IK v SN LCRO 42 / 2011 (21 February 2012) [pdf, 98 KB]

   ...had not been executed by all owners, therefore rendering it unenforceable. [21] Mr IK also noted that Mr SN had not provided him with the relevant client information as required by the Lawyers and Conveyancers Act (Lawyers Conduct and Client Care) Rules 2008. [22] He also asserted that Mr SN’s bills of costs amounted to overcharging. [23] After conducting a hearing on the papers, the Standards Committee determined pursuant to section 152(2)(c) of the Lawyers and Conveyancers Ac...

7. HU & DU v I Ltd & CJ Ltd [2024] NZDT 598 (9 August 2024) [pdf, 232 KB]

   ...mislead the public as to the characteristics and suitability for purpose of their AWD vehicle. 8. I am satisfied that the applicants have experienced a loss because of I Ltd’s conduct. Did CJ Ltd fail to provide a service with reasonable care and skill? 9. The Consumer Guarantees Act 1993 requires suppliers to carry out services to consumers with reasonable care and skill. HU and DU believe CJ Ltd should have known that four tyres needed to be replaced on their AWD vehicle a...

8. KX & MC v FK [2024] NZDT 665 (16 August 2024) [pdf, 259 KB]

   ...Applicants an enduring power of attorney to act in relation to his property affairs (“the EPOA Property”) which took effect from that date. On 22 March 2019, BN granted the Applicants an enduring power of attorney to act in relation to his personal care and welfare (“the EPOA Welfare”) which was to take effect if he became mentally incapable of making decisions about his health and welfare. 2. The Respondent, FK (known as [redacted]), is a friend of BN and has previously helped...

9. National Standards Committee 2 v Mr Y [2022] NZLCDT 8 (24 February 2022) [pdf, 202 KB]

   ...treatment and support at a local clinic. He says his drinking had begun to “spiral seriously”. [13] At the time he was not only a busy practitioner but was facing the end of a relationship as well as Family Court proceedings in relation to the care arrangements for his children. [14] With the support of his law partners, he took leave to engage with a local clinic (Clinic D). The director and part-owner of the clinic is Ms T who is a registered psychotherapy practitioner wit...

10. AE v Decision to prosecute LCRO 93/2013 & 338/2013 (11 March 2014) [pdf, 134 KB]

    ...under the Law Practitioners Act 1982, was no longer necessary as it was now met by other means. Part of the other means is the role that this Office plays in reviewing decisions to refer matters to the Tribunal. The Court said that:14 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevent it from bei...