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1. RF v CN LCRO 254/2012 (3 November 2016) [pdf, 109 KB]

   ...receiving instructions Ms CN sent Mr RF a copy of Law Firm 1’s standard terms and conditions. They did not specify Law Firm 1’s hourly rates but referred to the factors in rule 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. The terms and conditions also provided, among other things, that: (a) Terms of payment were within seven days from the date the bill was rendered unless alternative business arrangements had been made. (b) If the fees wer...

2. Auckland Standards Committee 1 v Hart [2012] NZLCDT 26 [pdf, 177 KB]

   ...unprofessional verbal altercation with a fellow lawyer. [c] In March of 2010 there was a finding of unsatisfactory conduct in respect of overcharging and “a lapse in his obligations under Rule 3 to always act competently and take reasonable care and under Rule 10 to promote and maintain proper standards of professionalism in his dealings”. The Standards Committee went on to find his behaviour unacceptable measured against the standards of “competent, ethical and reasonable...

3. Marshall v IDEA Services Ltd (Privacy Act) [2020] NZHRRT 13 [pdf, 353 KB]

   ...DATE OF HEARING: 2 and 3 December 2019 DATE OF DECISION: 18 May 2020 DECISION OF TRIBUNAL1 INTRODUCTION Eamon Marshall [1] Eamon Marshall is 17 years of age and profoundly disabled. He is fully dependant for all aspects of his care, including his continence, bathing, dressing, feeding and mobility. He has been diagnosed with tuberous sclerosis, intractable epilepsy, generalised brain dysfunction, cerebral palsy and visual impairment.

4. Smith v Wellington City Council [pdf, 146 KB]

   ...hearing, to bring the costs up to today’s real costs. 4.3 The claims against Mr Potter, Mr Candy and Mr Daly are all in tort and based on allegations of negligence. The Owners say that both Mr Candy and Mr Daly owed them a non-delegable duty of care to ensure that all building work was carried out in compliance with the building regulations. The claims against both of these parties are made in their capacity of directors of the company that developed the property and built th...

5. Legal Aid Audit Report 2017-2018 [pdf, 367 KB]

   ...good ratings invariably demonstrated high quality service delivery and favourable case outcomes. The quality of providers’ written submissions was often noted, as was their commitment to difficult clients. “Provider bent over backwards to protect and advise non-responsive client.” “[The provider] has very good relationships with her clients. She is consistently professional in respect to her dealing with clients, police prosecution, community probation and court registry s...

6. Van Workum & Ors as Trustees of the Van Workum Family Trust v Auckland City Council [2010] NZWHT Auckland 20 [pdf, 210 KB]

   ...amount estimated to remedy those defects of $309,319.88 are conceded. CLAIM AGAINST ROWLEY JOHN CROWTHER [20] In their Closing Legal Submissions dated 22 March 2010 the claimants allege that real estate agents have both a tortious duty of care to purchasers in respect of advice given by the agent and that they are liable under the Fair Trading Act 1986 (FTA) for misleading conduct or misrepresentations. Based on the conduct of Mr Crowther leading up to the purchase of th...

7. Director of Proceedings v Rolston [2021] NZHRRT 35 [pdf, 449 KB]

   ...the defendant breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 in respect of: [6.1.1] Right 4(2) by failing to provide services to the aggrieved person with reasonable care and skill. [6.1.2] Right 6(1) by failing to provide information to the aggrieved person that a reasonable consumer, in the aggrieved person’s circumstances, would expect to receive. [6.1.3] Right 7(1) by failing to obtain the aggrieved...

8. [2020] NZIACDT 43 - KX v Ji (5 October 2020) [pdf, 229 KB]

   ...continue applying and if she left, it would not be easy to come back. [34] They exchanged messages through May 2019. On 14 May, the complainant asked Mr Ji to let her know if he had time to help her. While it did not matter to him and he did not care, she had her youth, contribution, time, hope and family’s expectation. She had waited for two years. Mr Ji eventually responded, telling her on 15 May that he was writing a framework for her support letters. The complainant presu...

9. [2020] NZIACDT 41 - TBE v Proudman (30 September 2020) [pdf, 243 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.5 [47] The sanctions that may be imposed by the Tribunal are set out in the Act.6 The focus of professional disciplinary proceedings is not punishment but the protection of the public.7 [48] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ...

10. KXBK v GVH [2019] NZIACDT 74 (1 November 2019) [pdf, 195 KB]

    ...Advisers Authority (the Authority) notified the adviser of the complaint. [2] It is alleged that the adviser was negligent or breached the Licensed Immigration Advisers Code of Conduct 2014 (the Code) by failing to exercise diligence and due care, since he filed an application which had little hope of success. Furthermore, he acted unprofessionally in offering to refund his fee if the complaint was withdrawn. [3] The essential issue to consider is whether, despite mistakes by the...