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1. Auckland Standards Committee 4 v Schlooz [2021] NZLCDT 12 ( 14 April 2021) [pdf, 400 KB]

   ...misconduct arising out of his communications over an extended period with a litigant in person. [3] The decision addresses the importance of the principles of general deterrence and denunciation, in a regulatory framework whose purposes are to protect the public and maintain the confidence of the public in the legal profession. [4] The penalty process is not primarily a punitive one, but it is understood that certain conduct calls for clear condemnation by the Tribunal. This case p...

2. Martelli v The Real Estate Agents Authority CAC (409) NZREADT 23 [pdf, 240 KB]

   ...correctly, that, because there was no current agency agreement, the agencies were not entitled to any commission on the unconditional sale of the property under s 126 of the Act; and [b] Breached r 5.1 of the Rules (failure to exercise skill, care, competence and diligence at all times) by: [i] Altering an email referring to the expiry of the agency agreement when forwarding it to Ms Walker (thereby contributing to Ms Walker's misunderstanding that there was still a va...

3. Turner v Itchyfoot Pty Ltd [2021] NZHRRT 27 [pdf, 198 KB]

   ...defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 9 June 2021 DECISION OF TRIBUNAL1 BACKGROUND [1] Mr Turner is a home owner. He had an overseas trip planned in mid-2017 and wanted a house sitter to take care of his house and his dog while he was away. 1 [This decision is to be cited as Turner v Itchyfoot Pty Ltd [2021] NZHRRT 27.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 27 I TE TARAIPIUNARA MANA TANGATA 2 [2] Itchyfoot...

4. LCRO 150/2017 UG v WN [pdf, 275 KB]

   ...2006 (the Act), to take no further action in respect of three of the four issues identified.2 [12] Concerning the fourth issue, the Committee found that in contravention of r 8.7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), Ms UG had breached her duty of confidence owed to Mr WN, which constituted unsatisfactory conduct under s 12(c). In reaching that decision the Committee determined that: (a) the first requisition letter receive...

5. CAC20007 v Jarman [2015] NZREADT 66 [pdf, 157 KB]

   ...Marion-Rose Jarman (defendant) with misconduct under s.73(c) of the Real Estate Agents Act 2008 (Act) in that her conduct consisted of a wilful or reckless breach of the 2 Act and/or the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 (Rules), namely: (a) Rule 6.1; and/or, (b) Rule 6.2; and/or, (c) Rule 6.3 and/or, (d) Rule 9.1; and/or, (e) Rule 9.5; and/or, (f) Section 126; and/or, (g) Section 136. Particulars: By way of an agreement...

6. [2023] NZREADT 12 - KD & DX v Donaldson (31 May 2023) [pdf, 214 KB]

   ...Standards of professional conduct ... 6.4 A licensee must not mislead a customer or client, nor provide false information, nor withhold information that should by law or in fairness be provided to a customer or client. 10 Client and customer care for sellers’ agents ... Disclosure of defects 10.7 A licensee is not required to discover hidden or underlying defects in land but must disclose known defects to a customer. Where it would appear likely to a reasonably competent licen...

7. Glamorgan v Dalbeattie LCRO 220 / 2010 (10 May 2010) [pdf, 117 KB]

   ...The names and identifying details of the parties in this decision have been changed. DECISION [1] The Applicant is a lawyer who was found by the Auckland Standards Committee to have had breached rule 10.3 of the Rules of Conduct and Client Care, which breach amounted to unsatisfactory conduct on his part. The Committee imposed a penalty of $10,000 and ordered publication of his name. The Applicant sought a review of the Committee‟s decision on the substantive complaint and...

8. FH v GJ LCRO 87/2014 (7 Aug 2015) [pdf, 77 KB]

   ...client (Mr GJ) about Ms FH.1 The complaint related to Ms FH’s involvement in the drafting and filing of a notice of claim in which she pleaded the tort of deceit. The complaint was that Ms FH had breached rule 13.8 of the Conduct and Client Care Rules.2 [3] The Committee determined that in being a party to the filing of the notice of claim Ms FH breached rules 13, 13.8 and 13.8.1 of the Rules and in particular: In brief the complaint arose from a disagreement in respect of a...

9. Justice Matters - issue 01 - December 2015 [pdf, 2.8 MB]

   ...proving effective, with the Manukau Customer Service Centre assessed as the best in the country in a customer survey. Witness technology Witnesses can give evidence from another room via state-of-the-art video link to the courtroom. The witness is protected from direct contact with the defendant. PAGE 4 JUSTICEMATTERS Triple boost for victim support Victims’ information services • Victims Code • Chief Victims Advisor A number of recent initiatives highlight the Ministry o...

10. Registrar of IAA v Ho [2019] NZIACDT 54 (31 July 2019) [pdf, 154 KB]

    ...November 2015 as to how to obtain a residence visa for herself and other visas for her husband and child. [24] The employee advised Immigration New Zealand on 14 December 2015 that the application was withdrawn. The agency wrote to the client, care of the employee, to confirm the withdrawal of the application the same day. 5 COMPLAINT [25] On an application by Ms Ho to the Authority to renew her licence, an investigator inspected her file concerning the client. The Author...