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1. LCRO 213/2015 HY Trust v AK and GJ (21 Janaury 2019) [pdf, 286 KB]

   ...Relying on the decisions of Venning and Wylie JJ, Mr UY contends that the lawyers contravened r 13.8 by demonstrating: 22 At [154]–[155]. 23 At [157]. 24 At [163]. 25 At [166]. 8 a lack of care and awareness of their obligations under the rules in making the accusation and damaged the reputation of the [HY Trust]. The lawyers … did not undertake the minimum duty to assure themselves that there was a proper basis for fraud bef...

2. [2022] NZEnvC 016 Federated Farmers of New Zealand v Northland Regional Council [pdf, 2.3 MB]

   ...in a matter of Stock Exclusion-Topic 16 of the Proposed Northland Regional Council combination land and water plan FEDERATED FARMERS OF NEW ZEALAND (ENV-2019-AKL-114) MINISTER OF CONSERVATION (ENV-2019-AKL-122) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-127) Appellant NORTHLAND REGIONAL COUNCIL Respondent Court: Judge J A Smith (Presiding) -in Court at Auckland Commissioner RM Bartlett - in Court at Auckland Commissioner S K...

3. Laboyrie v The Real Estate Agents Authority (CAC 403) and Prout [2018] NZREADT 36 [pdf, 557 KB]

   ...1979 and the Fair Trading Act 1986 were made innocently, negligently or dishonestly.5 [12] In relation to the claim based on the tort of deceit, Heath J said: If Mr Prout made a false statement knowing it to be untrue or recklessly, without caring whether it was true or not, for the purposes of influencing Ms Laboyrie to enter into a contract, he has acted dishonestly for the purposes of that tort. [13] The Judge accepted that while the licensee made statements that were inaccur...

4. J. Kim v K. E. H. Kim [2016] NZIACDT 32 (22 June 2016) [pdf, 172 KB]

   ...competed with the information required. She submitted that LTB Visa application with a business plan for the complainant and her family in August 2011. [6.6] In January 2012, Immigration New Zealand approved the LTB Visa and wrote to the complainant, care of Ms Kim, requesting passports to complete the process for issuing visas. Ms Kim emailed the complainant stating that Immigration New Zealand could not issue the visas until she paid the balance of Ms Kim’s fees. She told the complain...

5. INZ (Gilray) v Croxson [2019] NZIACDT 72 (18 October 2019) [pdf, 142 KB]

   ...lack of probity. The applications filed with Immigration New Zealand for Messrs E and B had been expertly prepared. Mr Croxson had secured work visas for three years for both of them. [25] According to counsel, this was the first time in a career of 14 years as an immigration adviser that Mr Croxson had faced a formal complaint. He was scrupulous in his practice and the complaint had come as a real shock. He was remorseful and had learned from this lapse in judgement, having t...

6. [2020] NZREADT 41 - Bellis v Real Estate Agents Authority (9 September 2020) [pdf, 274 KB]

   ...had represented to him that the QV valuation did not include the walnut trees, which was blatantly false. He claimed that this was in breach of Mr Davison’s obligations under r 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). [15] Mr Bellis claimed that Mr Davison was responsible for checking information he receives from a vendor for accuracy before he passed it on to a potential buyer. He claimed that as Mr Davison deals i...

7. Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 9 [pdf, 147 KB]

   ...standing as disgraceful or dishonourable; and/or (b) is conduct that occurred at a time the practitioner was providing regulated services and is conduct that contravened Rule 11.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (misleading or deceptive conduct); and/or (c) is conduct unconnected with the provision of regulated services but which would justify a finding that he is not a fit and proper person or is otherwise unsuited to engage in pract...

8. Otago Standards Committee v Rayner [2014] NZLCDT 62 [pdf, 87 KB]

   ...card and the information required to use it, the practitioner was in breach of the fundamental obligation of a lawyer under s 4(c) of the Lawyers and Conveyancers Act 2006 (“Act”) to act in accordance with all fiduciary duties and duties of care and s 4(d) to protect the interests of his client. (e) Acting as a barrister for M at the time, was in breach of the Lawyers and Conveyancers (Lawyers: Conduct and Client Care) Rules 2008 (“LCACC”), in particular rules 5.1, 5.2 an...

9. KB v JR LCRO 191/2012 (14 May 2014) [pdf, 192 KB]

   ...that the residue of Mrs CG’s estate was to pass to Mr CG. The residue of Mrs CG’s estate included her half-share in the property. [13] Mrs CG died on 26 June 2011. In July 2011 Mr CG signed enduring powers of attorney for his personal care and welfare, and property, in which he appointed Ms KB his attorney. The documents provided that Ms KB’s brother, [Brother CG], was appointed successor attorney, and also provided that the attorney “must consult as far as practicable...

10. MC v BL [2013] NZIACDT 8 (28 February 2013) [pdf, 134 KB]

    ...carry out the lawful informed instructions of clients. [30.3] Passports and personal documents are to be returned to clients on request, and without delay. [30.4] That a licensed immigration adviser must discharge professional engagements with due care, diligence and respect. That requires them to ensure their professional service delivery meets proper standards. [31] Clause 2.1(f) requires licensed immigration advisers to uphold the integrity of New Zealand’s immigration system an...