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1. Juneja v Kumar [2016] NZIACDT 13 (18 March 2016) [pdf, 116 KB]

   ...of his professional offending. [28] Mr Moses correctly submitted that the Tribunal must not speculate and go beyond the evidence before it. The parties may be aware of matters they do not, and should not, disclose to the Tribunal. The Registrar protects the public interest in that regard. [29] Accordingly, the Tribunal accepts Mr Kumar’s evidence that in the circumstances in which he provided his professional services he did so with competence and care, except for a minor error of ju...

2. [2020] NZREADT 35 - SureCapital (13 August 2020) [pdf, 246 KB]

   ...the requirement for any penalty to have a general and individual deterrent effect is especially important in this case. She submitted that even if the Tribunal were to consider that SureCapital has learned from this experience, and will be more careful in the future, any penalty must mark the conduct in a way that sends a message to the real estate industry. [20] Ms Lim submitted that the fine should be set at a level that takes into account that the maximum available fine for corp...

3. Auckland Standards Committees 2 and 3 v Mason [2019] NZLCDT 5 [pdf, 89 KB]

   ...practising certificate, it having been declined on his last application, by the New Zealand Law Society. He has not chosen to contest that and indicates he will not seek to practise law again. This has implications in relation to the need for public protection. [40] Mr Mason’s circumstances are quite impecunious. He is an undischarged bankrupt earning relatively low wages working as a caregiver for intellectually disabled people. He also has had some employment assisting an im...

4. [2022] NZEmpC 122 Reunited Employees Assoc Inc v Nelmac Ltd [pdf, 223 KB]

   ...believe a plaintiff will be unable to pay the defendant’s costs if the claim does not succeed.23 [28] The discretion is a broad one. Regard must be had to the overall justice of the case, and the respective interests of both parties must be carefully weighed up. That balancing exercise was summarised by the Court of Appeal in McLachlan v MEL Network Ltd in the following way:24 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an...

5. [2024] NZIACDT 05 - UT v Lawlor (18 January 2024) [pdf, 148 KB]

   ...Disciplinary Tribunal [2017] NZHC 376 at [93]. 4 Immigration Advisers Licensing Act, s 50. 6 [27] The sanctions that may be imposed by the Tribunal are set out in the Act.5 The focus of professional disciplinary proceedings is not punishment but the protection of the public.6 [28] 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...

6. Wellington Standards Committee 1 v King [2024] NZLCDT 46 (18 December 2024) [pdf, 105 KB]

   ...extensions of time. [30] In addition, there were concerns about privacy because her printing facilities were shared with another organisation, and she did not always ensure she collected printing as soon as it was completed, meaning that it was not protected from inadvertent disclosure. [31] Ms King has told the Standards Committee and the Tribunal that she suffers from a serious sinus condition which has had a very bad effect on her ability to work and manage generally. Furth...

7. 2021 archive

    On this page: Legal aid invoices submitted with a missing date range Opportunity to provide feedback on the Ministry's Care of Children resources Notification of Unavailability Implementing the COVID-19 Protection Framework in the courts and tribunals Survey for PDLA lawyers to provide feedback on nationwide holiday period roster COVID-19 Protection Framework traffic light system - Update 24/01/2022 Phone scam targeting lawyers Wellington Legal Aid office closed Monday 24 January 2022 COV...

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8. Derringer Trust v Upton [pdf, 19 KB]

   ...weathertightness could be achieved without installing flashings. [12] Mr Bidwell confirmed the other leaking areas were as set out in the assessor’s report. [13] The assessor found that various areas of the polystyrene cladding along with the protective coating had failed and required complete removal. He also identified a general lack of flashings and the need to replace the spouting correctly. He noted internal damage as a result of the leaks. [14] The assessor at...

9. LA v VY LCRO 217 / 2010 (30 April 2012) [pdf, 73 KB]

   ...Practitioner responded, stating that the Applicant was not compelled to sign the settlement document. The Practitioner added the Applicant had received independent advice from Ms L (a lawyer) and also, he understood, from a barrister. [13] I carefully examined the document, which contained a number of settlement terms. It was in fact drafted by the barrister, and although the Practitioner stated that the Applicant was not compelled to sign it, I note that the document itself o...

10. [2018] NZEnvC 033 Burkhart Fisheries Limited v Marlborough District Council [pdf, 1.1 MB]

    ...proceeding now because the appeal is still at an early stage, the evidence has not been exchanged and there has been no mediation. MEC reply, received 12 March 201 8. 3 Position of the other parties [6] The CounciF and the Royal Forest and Bird Protection Society of New Zealand Incorporated ('RFB') (a s 274 party)' do not oppose the application for waiver. [7] The appellant opposes the application on the grounds: 4 (a) the s 274 notice has been filed over five...