Search Results

1. [2016] NZSSAA 028 (20 April 2016) [pdf, 78 KB]

   ...5 out other tasks related to the implementation and the exercise of pension insurance rights. [9] Croatian social policy also provides a distinct and separate scheme of retirement insurance for those not in employment. The Croatian Social Care Act provides a variety of benefits and allowances for a range of individuals, including the elderly, handicapped and incapacitated. These benefits are means-tested and income-tested. Unlike the retirement insurance scheme administered by t...

2. IO v SJ LCRO 84 / 2010 (1 February 2012) [pdf, 113 KB]

   ...through, or had reneged on undertakings given, in audit of trust accounts; had failed to investigate property transactions of concern; had failing to meet a financial obligation to pay school fees; acted in a conflict of interest; failed to protect the interests of beneficiaries; not investigating the concerns of beneficiaries; acting in a discriminatory manner; and failing to keep beneficiaries informed. Standards Committee’s decision [10] The Standards Committee...

3. Martin v Real Estate Agents Authority (CAC 407) & Ors [2017] NZREADT 14 [pdf, 209 KB]

   ...appellant that he was acting for the vendor, not the appellant, and he failed to give the appellant a proper explanation as to his role in the transaction, in breach of rr 6.2 and 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. [b] Given the appellant’s particular circumstances, the second respondent failed to give the appellant a full and fair explanation of the meaning and implications of the pre-auction offer process, in breach of rr 9.7...

4. LCRO 68/2017 GM v BN (6 July 2017) [pdf, 219 KB]

   ...agreement was at an end and requested the return of the deposit. (b) By not returning the deposit Mr BN was in breach of his undertaking to do so which is a contravention of rule 10.3.2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules) 2008 (the rules) that concerns funds held by a lawyer as stakeholder. Standards Committee decision [6] The Standards Committee delivered its decision on 3 March 2017. [7] The Standards Committee determined, pursuant to s 1...

5. NQ & SS v QG & Ors [2024] NZDT 83 (9 January 2024) [pdf, 218 KB]

   ...acknowledgement (on behalf of E Ltd), and the Tribunal’s record of their discussion, that: a. this work is covered by s28 CGA and SS and NQ are entitled to the benefits of the guarantee in s28 that these services were done with reasonable care and skill; and b. if any failure of that guarantee as to reasonable care and skill were to occur, SS and NQ are entitled to enforce remedies available to them under s32 CGA; and c. E Ltd would, if requested by SS and NQ, directly pr...

6. R. Singh v Kumar [2016] NZIACDT 14 (23 March 2016) [pdf, 121 KB]

   ...complainant wished to proceed. [16.2] Mr Kumar breached clauses 1.1(a), 1.1(b) and 3(f) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). The provisions required him to perform services and carry out instructions with due care, diligence, and professionalism, and confirm in writing the details of material discussions. The circumstances were: [16.2.1] When Mr Kumar received the letter of 1 February 2013 from Immigration New Zealand, expressing concerns about the...

7. UW v NG LCRO 152/2012 (27 October 2015) [pdf, 53 KB]

   ...to Mr and Mrs AB being brought to his office. [11] Mr NG met with Mr and Mrs AB in the foyer of his office and went through the terms of the offer in some detail. 7 (a) she was concerned about the burden placed upon her husband providing care for her on his own; and He says he discussed the reasons for Mr and Mrs AB selling, and that Mrs AB explained: (b) the detrimental impact this burden would have on his health; and (c) their daughter Ms OL was prepared to look afte...

8. LCRO 114/2018 CL v [City] Standards Committee [X] (17 May 2019) [pdf, 160 KB]

   ...Standards Committee X] (the Committee) that she had breached a number of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 (the Trust Account regulations) and rr 3.41 and 11.32 of the Lawyers and Conveyancers Act (Conduct and Client Care) Rules 2008 (the Rules). [2] The Committee made findings of unsatisfactory conduct against Ms [CL] and ordered her to take “appropriate advice from [a] trust account consultant approved by the Committee”.3 [3] The Committee a...

9. CAC20004 v Li & Ors [2015] NZREADT 6 [pdf, 179 KB]

   ...behalf of Ms Wang has been dismissed. We now deal with the issue of penalty. 2 General principles on penalty [3] It is settled law that penalty decisions of disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is not their purpose: Z v CAC [2009] 1 NZLR 1; CAC v Walker [2011] NZREADT 4. [4] The Real Estate Agents Act...

10. Auckland Standards Committee 4 of the New Zealand Law Society v Thoman [2011] NZLCDT 8 [pdf, 136 KB]

    ...instructing solicitor in evidence in relation to these seven clients, nor is there a single bill of costs. Only one client managed to retrieve his passport, others lost valuable documents such as marriage certificates which they had entrusted to her care, or as it turns out lack of care. [7] The Society submits that this behaviour to clients is totally unacceptable to the profession as a whole and seeks that their disapproval be marked by the most serious sanction, striking off t...