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1. Ashraf v Standing [2012] NZIACDT 55 (30 August 2012) [pdf, 151 KB]

   ...public interest against Mr Loh’s interests (A v Professional Conduct Committee at [82]). [63] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [64] A significant factor in this case is that it involves dishonest...

2. Chen v Gu-Chang [2013] NZIACDT 56 (30 August 2013) [pdf, 149 KB]

   ...ensure that appropriate standards of conduct are maintained in the occupation concerned. [45] The statutory purpose is achieved by considering at least four factors which materially bear upon maintaining appropriate standards of conduct: [45.1] Protecting the public: section 3 of the Act states “[t]he purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [45.2] Demanding minimum standards of conduct: Dentice v Valuers Registratio...

3. Chen v Loh [2013] NZIACDT 55 (30 August 2013) [pdf, 151 KB]

   ...public interest against Mr Loh’s interests (A v Professional Conduct Committee at [82]). [63] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [64] A significant factor in this case is that it involves dishonest...

4. [2019] NZREADT 52 - Grewal (25 November 2019) [pdf, 190 KB]

   ...turn had brought the matter to Mr Grewal’s attention) to the fact that the trust account reconciliations were not correct. [46] The provisions of the Audit Regulations are a fundamental component of the achieving the purposes of the Act of the protection of the interests of consumers and the maintenance of confidence in licensees’ performance of real estate agency work. We find that a breach of the provisions of the Audit Regulations as to certifying the accuracy of the monthly...

5. Mr M v CAC 20004 & Lewin & Lewin [2013] NZREADT 63 [pdf, 89 KB]

   ...it considered that the prospective purchasers would have been aware of the implications of the covenant and would have been able to make an informed decision. The Committee considered that the conduct breached rules 5.1, 6.4 and 6.3 of the Client Care Rules and on the balance of probabilities determined that Mr M, the appellant and Ms Watson (the agent) had engaged in unsatisfactory conduct. A small fine of $750 was imposed upon Mr M. [7] Mr M appealed. The appellant’s position is...

6. CV v TND [2013] NZIACDT 20 (28 March 2013) [pdf, 92 KB]

   ...varied, but duties of competence, application of skill, honesty, disclosure and propriety are shared by a wide range of professionals. Immigration advisers have much in common with other professionals. Section 3 of the Act affirms it is intended to protect the interests of consumers receiving immigration advice, which corresponds to the 5 duties other professionals have to the public engaging their services. The issue is properly understood under the Act as whether there...

7. LE v BI [2024] NZDT 31 (2 February 2024) [pdf, 139 KB]

   ...purchase the Baby Carrier? 5. Generally, the rule of Caveat Emptor (‘let the buyer beware’) applies to the private sale of goods and there is no warranty regarding the quality of the goods or their fitness for purpose. This means that the protections given to purchasers who purchase in trade are not available to a private CI0301_CIV_DCDT_Order Page 2 of 4 purchaser, and a party in private contractual negotiations is usually under no obligation to ensure that the other p...

8. BC and SO v SH [2012] NZIACDT 63 (28 September 2012) [pdf, 108 KB]

   ...to convert German qualifications to their New Zealand equivalent created some confusion. [3] Ms BC and Mr SO complain that Ms SH failed to advise them adequately on this issue. [4] The question for the Tribunal is whether Ms SH was sufficiently careful and gave proper advice. The Complaint and the Response The complaint [5] Ms BC and Mr SO are life partners; they are German nationals, and live there. They wished to migrate to New Zealand and engaged EOA Ltd (the company) to assist...

9. Marshall v IDEA Services Ltd (Privacy Act) [2020] NZHRRT 13 [pdf, 353 KB]

   ...DATE OF HEARING: 2 and 3 December 2019 DATE OF DECISION: 18 May 2020 DECISION OF TRIBUNAL1 INTRODUCTION Eamon Marshall [1] Eamon Marshall is 17 years of age and profoundly disabled. He is fully dependant for all aspects of his care, including his continence, bathing, dressing, feeding and mobility. He has been diagnosed with tuberous sclerosis, intractable epilepsy, generalised brain dysfunction, cerebral palsy and visual impairment....

10. Wihelmus Hooft van Huijsduijnen v Woodley [2012] NZWHT Auckland 11 [pdf, 451 KB]

    IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-101-000028 [2012] NZWHT AUCKLAND 11 BETWEEN RONALD ALOYSIUS WIHELMUS AND MARTINA HELENA MARIA HOOFT VAN HUIJSDUIJNEN Claimants AND EDWARD MERVYN JOHN AND LYNETTE ANNE CATHERINE WOODLEY First Respondents AND PORIRUA CITY COUNCIL Second Respondent AND ALAN GORDON MINTY (Removed) Third Respondent AND SAWREY CONSULTING ENGINEERS LIMITED (Removed) Fourth Respondent AND DONALD JOHN HAWINKELS Fifth Respo