Ministry of Justice

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1. 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...

2. 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...

3. [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...

4. [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...

5. Southland Standards Committee v P [2022] NZLCDT 12 (28 April 2022) [pdf, 215 KB]

   ...the Standards Committee thought it saw. Instead of discovering a practitioner (“P”) who failed to act in the best interests of clients or engaged in multiple professional failings, as put by the Standards Committee, we saw a conscientious, caring practitioner who provided valuable and valued services. We find that P did not take advantage of their vulnerabilities. [2] The Standards Committee became interested in that part of P’s practice dealing with elderly clients. A ke...

6. Robinson v CAC 20006 & Wagner [2014] NZREADT 57 [pdf, 62 KB]

   ...Trust had not been inserted in the listing agreement, and the complainant had not signed it. Advice had been given to the agency that both the trustees must sign all contractual documents. The licensee, as branch manager, should have exercised more care, competence and diligence in the listing of the property. The Committee said: “[4.9] The Committee finds that the Licensee in his position as branch manager of the Agency should have exercised more care, competence and diligence in...

7. 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...

8. GU v TI LCRO 258 / 2010 (19 December 2011) [pdf, 129 KB]

   ...that the work undertaken by Mr TI was consistent with the fees charged. 5 [31] However, it formed the view that Mr GU did not receive a letter of engagement at the appropriate time and in accordance with Rule 3.4 of the Conduct and Client Care Rules. It came to the view that the terms of engagement were issued after the bills were issued and that this constituted unsatisfactory conduct. It noted that this conduct was “at the lower end of the scale of offending”. [32...

9. [2013] NZEmpC 234 Gazeley v Oceania Group (NZ) Ltd [pdf, 320 KB]

   ...DHB) to audit Woodlands, carried out a spot surveillance audit on the facility. This was critical of Mrs Gazeley’s management of Woodlands. The following day, the DHB exercised its powers under art 22.2 of the Age-related Residential Care Services Agreement to place Woodlands under temporary management. [4] Mrs Gazeley was on annual leave when these events occurred. When she returned from leave she was suspended without notice from her employment. Oceania then comm...

10. Domestic violence programme evaluation report [pdf, 1.8 MB]

    ...thought to better support offenders’ good engagement and uptake of non-violence programmes. In contrast, the referral process is conducted remotely in the Family Court, with no equivalent face-to-face meeting with an officer of the court due to most protection orders being made without notice. In 2016/17, about one in five of those who attended an assessment did not result in them starting a non-violence programme. While not all of those for whom assessments are undertaken may be e...