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1. LCRO 147/2020 KQ v [Area] Standards Committee [X] (1 June 2021) [pdf, 144 KB]

   ...submission in support of Ms PV. In that submission he advised that: (a) he was involved in the decision making in the matter of Ms PV’s representation of Ms CB; and (b) Ms PV had taken no steps without first consulting Mr KQ; and (c) He had given careful consideration to how Ms PV could manage matters to ensure that the interests of both parties were protected whilst avoiding possibility of conflict between Mr RS’s and Ms CB’s interests. [11] The Standards Committee, in th...

2. LCRO 82/2018 ZI v WS (30 May 2019) [pdf, 242 KB]

   ...Act. 8 Section 12(c) Lawyers and Conveyancers Act 2006 Section 12(c) of the Act defines unsatisfactory conduct as conduct which contravenes any of the provisions of the Act, the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) or Regulations. Section 107(1) of the Act says the Rules are binding on “former lawyers”. If a finding of unsatisfactory conduct pursuant to s 152(1)(b) is made against a former lawyer, then an order may b...

3. SN v J Ltd & T Ltd [2023] NZDT 606 (15 November 2023) [pdf, 231 KB]

   ...b) Was there a misrepresentation made by J Ltd which induced SN into enter into the contract for the purchase of [vehicle]? c) Was there a contract between SN and T Ltd, and if so did T Ltd breach that contract? d) Did T Ltd owe SN a duty of care when providing the Warrant of Fitness for [vehicle] and if so, did T Ltd breach that duty of care and cause SN loss? e) Is J Ltd and/or T Ltd liable to pay SN all or any part of the amount claimed of $4,740.37? Does the Consumer Guaran...

4. YM v RP LCRO 238/2012 (31 March 2016) [pdf, 54 KB]

   ...RP’s allegation that Mr YM had engaged in controlling or intimidating behaviour was not supported by evidence. (d) Ms RP’s misrepresentations, constitute breaches of rules 11.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, (the Rules) and section 6 of the Lawyers and Conveyancers Act 2006. [10] In response, Ms RP submitted that: 3 (a) The statement she made to the Police was never intended to be an exhaustive catalogue of all of the inc...

5. 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...

6. 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...

7. [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...

8. 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...

9. 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...

10. [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...