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1. Auckland Standards Committee 3 v Mr G [2024] NZLCDT 16 (31 May 2024) [pdf, 164 KB]

   ...putting the consumer of legal services at risk, we will adopt it. This is one such case. [2] Mr G had admitted one charge of misconduct, arising out of the alteration of an email chain. The Tribunal’s task then was twofold – to determine a protective and remedial series of orders, proportionate to the conduct; and to consider whether the public interest in knowing the identity of the lawyer outweighed the personal interests of that young lawyer in trying to resurrect his car...

2. CAC20003 v Cooper [2013] NZREADT 11 [pdf, 59 KB]

   ...had gone unconditional. We held (at [63]) that such conduct was “at the high end of disgraceful conduct which struck at the very heart of the duties of a real estate agent as set out in the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009.” Had the defendant not been in liquidation and ceased trading, we would have made an order cancelling its licence. [10] In CAC v N [2012] NZREAD18 the defendant made transfers of funds totalling $76,650 to her personal ba...

3. BORA Psychoactive Substances Bill [pdf, 334 KB]

   ...the power is not per se unreasonable because searches: 9.1 May only be exercised in relation to serious offences[13] that are commercial rather than personal in nature (i.e. importation, manufacture and sale) and have been created to protect public health; and 9.2 May not be carried out at dwellinghouses or other residential accommodation.[14] A search of commercial premises or a vehicle is less invasive of personal freedom than a search of residential premises...

4. Tuumotooa v Tangilanu [2014] NZIACDT 101 (01 October 2014) [pdf, 189 KB]

   ...Ms Tangilanu’s licence and she took no steps to inform her clients of their circumstances or assist with engaging ongoing professional support. [3] The Tribunal found Ms Tangilanu was negligent, failed to meet the Code of Conduct’s duties of care, diligence, respect, and professionalism, and the obligation to provide timely updates. [4] This decision was initially issued in error. Counsel for the complainants presented submissions, which did not become part the file, due to an admin...

5. Taueki v McMillan - Horowhenua 11 (Lake) Māori Reservation (2004) 148 Aotea MB 27 (148 AOT 27) [pdf, 642 KB]

   ...generations, according to their information. They also take umbrage Minute Book:148 AOT 29 at the suggestion that they have in some way failed in their duties both to the Beneficiaries and to the Court. On the contrary, in their view they have taken the care and protection of the Reservation to new heights with both local and national recognition for their efforts. They also consider the Applicant a self appointed kaitiaki with no mandate from either the Beneficiaries or the iwi. A nu...

6. Te Manutukutuku Issue 1 [pdf, 2.7 MB]

   ...part by Ned Nathan's sons, making up one of three separate notices of claims from the same hapu - Te Roroa. Together, these comprise the Maunganui-Waipoua Claim (Wai 38). Because of opposition, due to local people's concern about lack of protection of ancestral sites, the Government agreed in March 1989 to withdraw Waipoua forests from The advantages of this scheme have become obvious. Parties can have time to digest the complex bulk of evi­ dence material, and then prepare...

7. [2022] NZEmpC 42 TPT Forests Ltd v Penfold [pdf, 219 KB]

   ...respondents are the best people to assert a claim for privilege as they are the privilege holders, which is in line with conventional discovery processes. [10] An affidavit was filed for a former client of TPT expressing concern that documents protected by legal privilege might be disclosed to TPT under the process it suggests. Another affidavit was filed for a company associated with Mr Stronge’s current employer. It expresses concern that its commercial and sensitive...

8. BX v W Ltd [2023] NZDT 709 (21 December 2023) [pdf, 117 KB]

   ...under New Zealand law. Issue 2 [11] As stated, the respondent is operating a business in New Zealand and therefore New Zealand law applies. In relation to this particular transaction, the relevant law is both the law of contract and consumer protection legislation such as the Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act 1986 (FTA). Contract [12] The respondent has not specifically claimed it is not liable under its contract to refund the purchase price, but I note...

9. [2024] NZREADT 45 – Parmar v REAA, KB & LB (20 November 2024) [pdf, 121 KB]

   ...which he stated was made as a result of him having COVID-19. [8] On 18 December 2023, the Committee found Mr Parmar guilty of unsatisfactory conduct pursuant to Rules 5.1, 9.1 and 9.5 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 under s 89(2)(b) of the Real Estate Agents Act 2008 (the Act). [9] On 27 May 2024, the Committee in its penalty decision ordered as follows: (a) They censured Mr Parmar. 3 (b) They ordered Mr Parmar to refund t...

10. Gupta v Dhar [2017] NZIACDT 11 (4 August 2017) [pdf, 231 KB]

    ...The adviser did not have a written agreement in accordance with the requirements of the Licensed Immigration Adviser’s Code of Conduct 2014 (the 2014 Code). [2.2] The adviser also breached the 2014 Code of Conduct due to lack of diligence and care as he failed to ensure that the complainant’s residence application disclosed that she had two failed applications for work visas. [2.3] The adviser further breached the 2014 Code as he failed to keep a copy of a work visa applicat...