Search Results

1. IAA v Maerean [2013] NZIACDT 6 (07 February 2013) [pdf, 160 KB]

   ...However, if he was in the Philippines at the time, he would sign them with the client. [29] The Registrar particularised the grounds of the complaint against Ms Maerean. In summary these were: [29.1] Breaches of the Code of Conduct’s requirements of care, respect, diligence and professionalism. [29.2] Providing misleading information to Immigration New Zealand, thereby breaching the Act, the Immigration Act 2009 and Immigration New Zealand’s operating requirements (by representin...

2. Auckland Standards Committee 4 v Kennelly [2022] NZLCDT 31 (1 September 2022) [pdf, 130 KB]

   ...purpose of the s 156(1)(c)11 power to order a practitioner to apologise. [14] The performative nature of apology, in the present case, must serve the purposes of the Lawyers and Conveyancers Act (the Act) and the associated Conduct and Client Care Rules. At stake is the reputation of the legal profession which is a necessary adjunct to maintaining public confidence in the profession’s services.12 Associated with that, courteous dealings are required so that the status of the...

3. 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...

4. EL1 Ltd & Anor as Trustees of the Eurolife Trust v Lay [pdf, 290 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. 3.6 The fourth respondent is the company of Jessop Townsend Limited (“JTL”), which the Owners say was the architectural practice that undertook the design work, prepared the drawings fo...

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. 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...