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IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2022] NZIACDT 8 Reference No: IACDT 02/22 IN THE MATTER of an appeal against a decision of the Registrar under s 54 of the Immigration Advisers Licensing Act 2007 BY IF Appellant AND THE REGISTRAR OF IMMIGRATION ADVISERS Registrar SUBJECT TO SUPPRESSION ORDER DECISION Dated 2 May 2022 REPRESENTATION: Appellant:
...further action on the complaint was necessary or appropriate. [15] In reaching that decision the Committee concluded that: (a) the relevant conduct rule to consider was r 8.7.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); and (b) it was unable to identify any specific confidential information held by Mr NL from the previous retainer which, if disclosed, would be advantageous to the applicant in the DVA proceedings; and (c) Mr S...
...Mrs Nancy Ruth Hendrie. In July 1987 Mrs Hendrie was admitted to the Ashburton Hospital for elective surgery to correct a nerve problem in her arm. In the course of the operation she suffered a cardiac arrest. She was transferred to intensive care in Christchurch, but sadly on 13 July she died. The inquest into her death commenced on 9 October 1987 and after continuing through the next day it was adjourned' 2. to 12 November. On the first days, some attention had been directe...
...observation that Ms RR misapprehends how trusts can be formed, the logic that pervades Ms RR’s complaints and her application for review can fairly be described as deeply flawed. [29] In addition to the other materials available on review, I have carefully considered Ms RR’s comments at the review hearing. I have been unable to distil any standards issue that arises from any of the concerns Ms RR raises. It is noted that most if not all of her initial concerns have been consid...
...flow purposes of the business. Currently I am only managing several rental properties for the owners which the rental payments are now paid directly into their accounts and they pay the commission to me once a month, the individual owner also take care of all maintenance and repairs costs directly. In hindsight this should have been the structure of our business in the past.” [22] Inter alia, Mr Sue records that he has met with the owner of Unit 4B, 164 The Terrace, Wellington, an...
...inquisitorial functions under section 49 of the Immigration Advisers Licensing Act 2007, by requiring Mr Kumar to appear, and address any opposing evidence and cross-examination from the Registrar and the complainant. The Registrar has responsibility for protecting the public interest in the complaints process, investigating complaints, and ensuring the Tribunal has such information as it should have to make decisions. [27] The Tribunal has unchallenged evidence given on oath, it is obli...
...for review on 8 April 2016. He says the Committee missed the point of his complaint. His complaint is against the conduct of Mr YA as a barrister and solicitor when measured against the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) and the Act. He refers to rr 11, 11.1 and 12. He contends that Mr YA has failed to ensure the reputation of the legal profession is preserved, engaged in conduct that is likely to mislead or deceive, and failed...
...justice”. The purposes of the Act are set out in s 3 as follows: “3. Purposes (1) The purposes of this Act are - (a) to maintain public confidence in the provision of legal services and conveyancing services: (b) to protect the consumers of legal services and conveyancing services: (c) to recognise the status of the legal profession and to establish the new profession of conveyancing practitioner. (2) To achieve those purposes, this Act, among...
...Disciplinary Tribunal (HPDT) in Re Tolland [2010] NZHPDT 325 (9 September 2010). The HPDT observed at [39]: Negligence, in the professional disciplinary context, does not require the prosecution to prove that there has been a breach of a duty of care and damage arising out of this as would be required in a civil claim. Rather, it requires an analysis as to whether the conduct complained of amounts to a breach of duty in a professional setting by the practitioner. The test is whether...
...Disciplinary Tribunal (HPDT) in Re Tolland [2010] NZHPDT 325 (9 September 2010). The HPDT observed at [39]: Negligence, in the professional disciplinary context, does not require the prosecution to prove that there has been a breach of a duty of care and damage arising out of this as would be required in a civil claim. Rather, it requires an analysis as to whether the conduct complained of amount to a breach of duty in a professional setting by the practitioner. The test is whether o...