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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. 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...

3. [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...

4. 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...

5. 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�...

6. 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....

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. [2017] NZEmpC 77 Idea Services Ltd v Crozier [pdf, 413 KB]

   ...persons with intellectual disabilities who might pose a danger to themselves, staff caring for them, or others in the community. Many of those persons might well otherwise be in prison, having been convicted of serious offences. They were and are cared for in residential facilities operated by IHC/THL. Most are held under the provisions of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (IDCC&R Act), although there are others who have high and comple...

9. 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...

10. SV v WT LCRO 21/2013 (26 August 2014) [pdf, 110 KB]

    ...affidavit. He says he completely relied on Mr GN, and did not read the invoice or take any steps to check it was a matter he could properly issue an invoice for. [9] Mr WT’s evidence at the review hearing confirmed that he did not take sufficient care in observing some of his professional responsibilities, and that he did not maintain appropriate boundaries in his professional relationship with Mr GN. The circumstances 1 [North Isl...