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1. CAC 20006 v Wallace [2013] NZREADT 81 [pdf, 36 KB]

   ...stated in their evidence which we deal with above, and we assess them as truthful witnesses. [76] It is relevant that (as we have covered above) the condition, clause 15, added to the offer from Mrs Kern on the advice of the defendant could have protected Mrs Kern by enabling her to cancel the purchase if the vendors failed to rectify, and that the defendant did seem to endeavour to assist her take advantage of that condition. However, we are concerned with the defendant’s conduct...

2. McAuley v The Real Estate Agents Authority CAC (416) NZREADT 22 [pdf, 181 KB]

   ...In the case of Wang the Tribunal adopted the reasoning of the Tribunal in Fitzgerald. Assessment [15] In this case the CAC gave consideration to whether the licensee had breached the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012, and in particular, Rules 5.1 (which require an agent to exercise skill, care, competence and diligence) and 6.4 which prohibits a licensee from misleading a customer or client or providing false information or withholding inf...

3. [2022] NZIACDT 21 - CT v Nandan (18 August 2022) [pdf, 215 KB]

   ...in the Tribunal alleging breaches by Ms Nandan of the Code: (1) Failing to inform the complainant of her change in licence status from an immigration adviser to a lawyer, in breach of the obligation to be diligent and conduct herself with due care in cl 1. (2) Failing to provide an invoice to the complainant for his payment of $2,000, in breach of cl 22. (3) Failing to provide a refund to the complainant, in breach of cl 24(c). (4) Failing to advise the complainant of the termin...

4. Roborgh v Lay [pdf, 303 KB]

   ...there is no argument about the fact that Mr Lay was involved with the construction work on this project. The Owners claim that Mr Lay failed to manage or supervise the work properly, which led to the defects, which was in breach of his duty of care owed to subsequent owners of the dwelling. Claim 00062 – Ponsonby Gardens Unit 9 page 11 of 122 3.6 The fourth respondent is the company of Jessop Townsend Limited (“JTL”), which the Owners say was the archi...

5. LCRO 184/2021 PW v QM (21 March 2023) [pdf, 184 KB]

   ...Standards Committee determination [11] The Committee identified two issues to be addressed:4 a) Were the fees charged fair and reasonable for the services provided? (rule 9 and 9.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (RCCC)); b) Did Ms QM use legal processes only for proper purposes? (rule 2.3 of the RCCC). Fees [12] Before addressing the complaint about the quantum of Ms QM’s fees, the Committee posed the question as to whether M...

6. [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...

7. 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...

8. [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...

9. 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...

10. 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�...