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1. [2023] NZIACDT 10 - NG v Murthy (15 March 2023) [pdf, 217 KB]

   ...It will also be assessed later. ASSESSMENT [29] 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. Written agreements 18. A licensed immigration adviser must ensure that: a. when they and the client decide to proceed, they provide the client with a written agreement File management 26. A licensed immigratio...

2. Buckingham v Wycombe LCRO 93 / 2009 (31 July 2009) [pdf, 25 KB]

   ...provide services that meet a “standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent lawyer”. That obligation is further expanded on 5 in a number of the Rules of Conduct and Client Care for Lawyers. Relevant Rules provide: 3. In providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care. 3.1�...

3. K v N [2013] NZREADT 111 [pdf, 91 KB]

   ...prevent an agent putting him or herself in a situation where might be a conflict, and as his/her conduct is judged at the time of the potential conflict. [19] But was this a breach of s 136? The Real Estate Agents Act 2008 is designed as consumer protection legislation. We agree with the Real Estate Agents Authority that we should interpret the legislation in light of that purpose. However we also have to take cognisance of the actual wording of the legislation. We therefore need to...

4. [2020] NZIACDT 39 - IK v Tian (23 September 2020) [pdf, 213 KB]

   ...1.5 failing to provide the complainant with invoices for her services and disbursements; and 1.6 failing to provide the complainant with receipts for cash payments. (2) Alternatively– 2.1 failing to conduct herself with diligence and due care in giving advice and updates to the complainant, in breach of cl 1; 2.2 failing to provide the complainant with a written agreement for her services, in breach of cl 18(a); 5 2.3 failing to provide the complainant with invoices for...

5. EE v ZX LCRO 95/2012 (10 February 2014) [pdf, 111 KB]

   ...fees incurred with his solicitor which he noted was $500. [14] In its determination, the Standards Committee identified the issues as being: the use of legal processes for an improper purpose, being a breach of Rule 2.3 of the Conduct and Client Care Rules3; and overcharging. The Standards Committee determination [15] Having considered the complaint, the Committee determined to set the matter down for a hearing on the papers and the parties were invited to provide submissions....

6. BORA Eden Park Trust Amendment Bill [pdf, 253 KB]

   ...‘mentally disordered’ within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 (‘MH(CAT)’). Clause 20.9(e) provides that an individual is similarly incapable if she or he is the subject of an order under the Protection of Personal and Property Rights Act 1988 (‘PPPRA’). Clause 20.8(d) provides that the appointment of a Trustee shall be vacated if the Trustee is incapable of holding office for the reasons set forth in clause 20.9. 9. For purp...

7. LCRO 1/2023 EL v OX (17 December 2024) [pdf, 176 KB]

   ...considered to exist. It said:5 Whilst there is an inherent conflict in this role, it is also common practice for lawyers to act for both the purchaser and the purchaser’s mortgagee. [20] The Committee referred to r 6.1 of the Conduct and Client Care Rules6 which requires that there be more than a negligible risk that the lawyer may be unable to discharge obligations owed to both clients before a conflict of interest exists. [21] The Committee did not consider this to be the case....

8. ENV-2018-AKL-000150 Brookby Quarries Limited v Auckland Council [pdf, 8.3 MB]

   ...the object of the provisions is to provide a planning outcome, having regard to the full context including the need to achieve the sustainable management purpose of the Act, then the Man O' War dicta relied upon by Royal Forest and Bird Protection Society of New Zealand ("Forest and Bird") may have limited, if any, application (at [32]); (c) agreed that there was jurisdiction in any subsequent appeal for an appellant to seek an amended activity status (ie less o...

9. Pilbrow & Anor as Trustees of the Pilbrow Family Trust v Moorhead [2011] NZWHT Auckland 31 [pdf, 352 KB]

   ...of Mr Craven and CBL. [43] The identification of defects in construction and design is a separate issue from determining whether a particular party is liable for the defects identified – and the extent to which any breach of a duty of care caused damage. Page | 13 Principal Defect 1 - Lack of internal corner flashings to harditex at fire wall and barge areas [44] Harditex was used on the party wall between 51 and 53 Kulim Avenue and at the barge areas. The p...

10. LCRO 174/2018 GL v TE (18 June 2020) [pdf, 296 KB]

    ...[69] Mr GL responded by stating that he “would like … an applicant only hearing” but did not put forward any specific objections to a determination on the papers in support of his request.30 [70] In those circumstances, and having again carefully read all of the file material referred to above, I directed the case manager to inform the parties that I remained of the view that this matter can be adequately determined on the papers in the absence of the parties.31 [71] To m...