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1. [2023] NZIACDT 12 - XX v Xu (13 April 2023) [pdf, 252 KB]

   ...since 2001 and became licensed in 2009. She prided herself on providing excellent and highly professional service to her clients. This was the first complaint against her in nearly 20 years of practice. She worked hard and was generally a very careful person who paid attention to detail. Ms Xu expressed deep sorrow for what had happened and had already apologised profoundly to the complainant and her mother. She understood her mistakes had caused the complainant and her family enorm...

2. NJUM v Vole [2020] NZIACDT 5 (29 January 2020) [pdf, 126 KB]

   ...statement of reply (dated 16 May 2019). ASSESSMENT [55] 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. Legislative requirements 3. A licensed immigration adviser must: … c. whether in New Zealand or offshore, act in accordance with New Zealand immigration legislation, including the Immigration Act 2009...

3. OL v RY LCRO 261/14 (16 March 2016) [pdf, 185 KB]

   ...12(c) of the Lawyers and Conveyancers Act. Did Mr OL fail to provide the RY’s files and other relevant documentation? [8] In addressing this issue the Committee came to the view that Mr OL breached rules 3.2 and 4.4.1 of the Conduct and Client Care Rules4 and that in doing so his “conduct was sufficiently serious to warrant a finding of unsatisfactory conduct pursuant to sections 12(a) and 12(c) of the LCA in relation to this aspect of the RY’s complaint”.5 [9] In summarisi...

4. Waikato Bay of Plenty Standards Committee 1 v H [2013] NZLCDT 7 (18 March 2013) [pdf, 222 KB]

   ...misconduct, or negligence or incompetence of such a degree or so frequent as to reflect on his fitness to practise or as to bring his profession into disrepute, in that, in breach of Rule 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, the Practitioner acted for the Complainant and the Vendor in circumstances where there was a more than negligible risk that the Practitioner may be unable to discharge the obligations owed to either or both of them....

5. LCRO 215/2016 KP v VN (31 July 2018) [pdf, 182 KB]

   ...raised by Mr KP was less an allegation of conflict of interest and more an allegation that Ms VN failed to respect the confidentiality of Mr KP’s information in breach of r 8.7.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). The Committee applied that rule to the conduct alleged. [9] The Committee considered what constitutes confidential information, which included information about the client’s personality, personal characteri...

6. Tremain Real Estate (2012) Limited and Cox v The Real Estate Agents Authority (CAC 403) and Ly [2018] NZREADT 54 [pdf, 289 KB]

   ...Cox had a sound knowledge of the correct provisional value to enter on the Form 2 consent. It found that given that the Form 2 consent in this case related to two directors of the Agency as purchasers, the Agency should have exercised greater care and diligence in supervising Mr Cox, and ensuring that he understood how to complete the form correctly. The Committee found that the Agency’s failure was unsatisfactory conduct.5 [17] The Committee subsequently ordered the Agency to pa...

7. LCRO 122/2015 NP v AO (21 May 2018) [pdf, 178 KB]

   ...continuing obligations to his client. This Office exercises no jurisdiction over executors. Confidence and confidentiality [32] Mr AO acted for Ms T. Among his many duties to Ms T, r 8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) imposes a duty of confidence on Mr AO. Rule 8 obliged Mr AO to protect and hold in strict confidence all information concerning Ms T, his retainer with her, and her business and affairs that he acquired...

8. Chief Executive, Ministry for Culture and Heritage - Tāonga Tūturu found at Plimmerton (2012) 283 Aotea MB 166 (283 AOT 166) [pdf, 202 KB]

   ...EXECUTIVE, MINISTRY FOR CULTURE AND HERITAGE V TE RUNUNGA O TOA RANGATIRA INC MLC 283 Aotea MB 166 [4 May 2012] IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT 283 Aotea MB 166 (283 AOT 166) A201100012458 UNDER Sections 11 & 12, Protected Objects Act 1975 IN THE MATTER OF Tāonga Tūturu found at Plimmerton BETWEEN CHIEF EXECUTIVE, MINISTRY FOR CULTURE AND HERITAGE Applicant AND TE RUNUNGA O TOA RANGATIRA INC First Interested Party AND...

9. Tai Rāwahiti v Tauranga - Tekumi A21A (2009) 228 Aotea MB 148 (228 AOT 148) [pdf, 442 KB]

   ...argues that the respondents have acted imprudently and thus in breach of trust by applying the trust's funds in a wasting and hazardous manner to the detriment of the beneficial owners. The respondents he says have also failed in their duty to protect the assets of the trust. Instead of spending trust money on the house project the applicant submits that it would be more appropriate that a dividend be paid to those beneficial owners who do not support the house 228 Aotea MS 149...

10. [2024] NZLCDT 45 Auckland Standards Committee 1 v Jindal (24 December 2024) [pdf, 197 KB]

    ...National Standards Committee [2019] NZHC 2268. 8 services. Conduct which was “connected to” the regulated services also fell within the professional role, because a wide interpretation of the definition was justified, having regard to the protective purposes of the legislation. [37] Orlov is also authority for the proposition that Parliament intended that there be no gap between the two roles of personal and professional through which a practitioner could escape. [38...