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1. Cole v Realty Insight Limited [2012] NZWHT Auckland 25 [pdf, 259 KB]

   ...there was a CCC, that it was safe for them to proceed to purchase? e) If so, was the misleading conduct of Mr Xiang an effective cause of the claimants’ loss, namely the purchase of the leaky home? f) Did Mr Xiang owe the claimants a duty of care in relation to the advice given on 23 August 2006 and was such advice causative of the claimants loss? g) Have the claimants established their formal proof claim against Mr Theotesto Reyes, the fifth respondent? h) Have the claima...

2. LCRO 233/2014 IB v KZ (27 June 2018) [pdf, 204 KB]

   ...is, to a degree, an element of overlap in the submissions filed. A failure to reference a specific submission advanced is not to be construed by the parties as an oversight in failing to consider any argument advanced. All submissions have been carefully considered. Argument 1 — The decision to lodge the complaint was tactical. [25] At the nub of this argument, is suggestion that KZ were hostile to Mr IB, because of the sheer volume of cases that Mr IB was pursuing against them....

3. LCRO 178-2016 KO v RT [pdf, 262 KB]

   ...consideration as to whether it is appropriate to order a penalty, I refer to the guidance provided by the Disciplinary Tribunal which has stated that the:20 “predominant purposes [of orders] are to advance the public interest (which include ‘protection of the public’), to maintain professional standards, to impose 19 IO v SJ LCRO 84/2010 (1 February 2012) at [44], [47]. 20 Daniels v Standards Committee (2) of the Canterbury-Westlan...

4. [2022] NZIACDT 18 - TQ v Gibson (25 July 2022) [pdf, 209 KB]

   ...party has sought an oral hearing. ASSESSMENT [35] The Registrar relies on the following provisions 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. File management 26. A licensed immigration adviser must: … 2 Immigration Advisers Licensing Act 2007, s 45(2) & (3). 3 Section 49(3) & (4). 4 Sparks v Immigration Advisers Complaints and Disciplinar...

5. Regulatory Impact Statement Parliamentary privilege bill [pdf, 302 KB]

   ...Ministers,  such  briefings  are  not  protected by absolute privilege.   42. The Privileges Committee considers these briefings to be necessary for the conduct of proceedings  in Parliament and  therefore  requiring  the  same protection.   The Privileges Committee considered  that the narrower construction of “proceedings  in Parliament” adopted by the Court could have a  “chilling  effect”  on  the  flow  of  information  to...

6. CAC 414 & 416 v Tafilipepe [2019 ] NZREADT 13 (10 May 2019) [pdf, 332 KB]

   ...“marketing to the public”, such as signage placed on a property and advertisements in the media. He submitted that such an interpretation is unduly restrictive, and ignores the intent of r 9.6, which is to ensure that vendor clients have the protection of a listing agreement before any action is taken towards selling their property. [49] In the present case, he submitted, [ ] was given the address of the property, and the information contained in the Scope of Works. Furt...

7. LA Provider Manual Part 1 - provider approvals [pdf, 990 KB]

   ...and the areas of law for which they are applying  original or certified copy of Certificate of Standing - this must be valid when the complete application is received by the Ministry  information about service delivery systems  Client Care letter and/or standard letter of engagement  information about work experience history  signed declaration  information about the applicant’s competence and experience in the areas of law for which they are applying  rec...

8. MG v Hu [2019] NZIACDT 33 (17 May 2019) [pdf, 118 KB]

   ...5 advises that she has purchased proprietary file management software specifically designed for immigration practitioners which assists in complying with file management obligations. She operates a sizeable immigration practice responsibly, carefully, successfully and in compliance with the Code. [22] The Tribunal was also sent the auditor’s report of 29 September 2017 and a further letter from her dated 30 April 2019. [23] The report was a follow-up to an earlier review t...

9. INZ (Calder) v Ji [2019] NZIACDT 68 (1 October 2019) Sanctions [pdf, 119 KB]

   ...immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice. [21] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish...

10. PGP & QGP v FS LCRO 143/2014 (27 August 2015) [pdf, 72 KB]

    ...him to. 8 [36] If argument is advanced that Mr FS was acting in the role of a lawyer for his son, and was providing regulated services then the obligations nevertheless owed to Mr and Mrs GP were limited. He was under no obligation to protect the GPs’ interests. [37] Subject to any overriding duties to the court, a lawyer’s duty is to his or her client not the person on the other side of the dispute. The principle that a lawyer’s duty is owed to his or her client...