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1. Q v I [2018] NZIACDT 18 (18 June 2018) [pdf, 213 KB]

   ...Tribunal (HPDT) in Re Tolland [2010] NZHPDT 325 (9 September 2010). The HPDT observed at [39]: 6 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...

2. M v I [2018] NZIACDT 17 (18 June 2018) [pdf, 213 KB]

   ...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...

3. Family Violence and Sexual Violence Work Programme: eUpdate April 2019 [pdf, 535 KB]

   ...remember that school holidays can be a stressful time for parents, especially when juggling paid work with childcare, or needing to find ways to keep the kids busy on a limited budget. It’s a good time to reflect on the importance of community as a protective factor for families, and how we connect with those around us to ensure people have what they need to nurture their children and maintain healthy relationships. Kia kaha tō mahi mo ngā whānau. Introducing Fiona Ross, Di...

4. 2017 NZSSAA 053 (4 October 2017) [pdf, 185 KB]

   ...permit and for some of the time she was in New Zealand unlawfully without a valid 2 visa. During the period of time down to 10 January 2013, she only held temporary visas. On 10 January 2013, she lodged an appeal with the Immigration and Protection Tribunal and sought to obtain a residents visa on humanitarian grounds. The Immigration and Protection Tribunal allowed her appeal and issued a residence visa valid from 25 June 2014. The key element for granting the appellant...

5. C v I [2018] NZIACDT 20 (18 June 2018) [pdf, 213 KB]

   ...Tribunal (HPDT) in Re Tolland [2010] NZHPDT 325 (9 September 2010). The HPDT observed at [39]: 6 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...

6. [2021] NZREADT 47 - Cavanagh (25 August 2021) [pdf, 258 KB]

   ...of skill and experience considered average in the High Court”6 with a time allowance in band B (where “a normal amount of time is considered reasonable”).7 He submitted that the proceeding was very important for Mr Cavanagh, and required careful and thorough analysis of the law, marshalling of relevant evidence from witnesses and preparing detailed submissions. Mr Judd set out a schedule of costs, leading to a claim 5 Section 110A of the Act was inserted, as from 14 Nove...

7. Penzance v Runcorn LCRO 170 / 2009 (10 February 2010) [pdf, 69 KB]

   ...the nature of the relationship with Mr Penzance and various intimate details. [9] At the hearing Mr Penzance referred to the applicable legislation and professional rules. In particular he referred to r 8.7 of the Rules of Conduct and Client Care which prohibit the use of confidential information. The rule states: 8.7 A lawyer must not use information that is confidential to a client (including a former client) for the benefit of any other person or of the lawyer. 8.7.1 A lawyer...

8. Justice Matters - issue 07 - June 2017 [pdf, 3.8 MB]

   ...with multiple interactions with different government agencies. But data from IDI has specifically shown us, for example: • three out of every four young prisoners were notified to Oranga Tamariki – formerly Child Youth and Family – for a care and protection concern before they turned 15 years old • for a group of people born in New Zealand in 1978, 80% of convictions went to those who were first convicted before the age of 20. Of those people born in 1978, 1 in 4 had a...

9. [2024] NZIACDT 27 - INZ v Tran (20 November 2024) [pdf, 230 KB]

   ...Tribunal [2017] NZHC 376 at [93]. 5 Immigration Advisers Licensing Act 2007, s 50. 6 [28] 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 [29] 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. Wellington Standards Committee 1 v King [2024] NZLCDT 46 (18 December 2024) [pdf, 105 KB]

    ...King’s actions and failures in acting for Mr H would be regarded by lawyers of good standing as disgraceful or dishonourable. [22] In addition, as submitted by Ms Town, Ms King can be seen to have breached a number of the Conduct and Client Care Rules.5 [23] She breached her duty of honesty and fidelity to the Court (r 13.1). [24] Ms King also breached r 13.3 by failing to obtain her client’s instructions on significant decisions in respect of litigation. She also breache...