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1. LCRO 12/2018 NH and EW v TL and [KT Law] (17 February 2020) [pdf, 102 KB]

   ...[33] As the applicants were not clients of Mr TL or the firm, they owed the applicants only very limited duties. Primarily, the obligations applicable to Mr TL are contained in r 12 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 which says: A lawyer must, when acting in a professional capacity, conduct dealings with others … with integrity, respect and courtesy. [34] It is understandable that Mr NH is disappointed by the fact that the freezing...

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

   ...[1] In a decision dated 12 June 2020, the Tribunal found the defendant, SureCapital Real Estate Limited, breached s 50 of the Real Estate Agents Act 2008 (“the Act”), and r 8.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), and was guilty of unsatisfactory conduct under s 72(b) of the Act.1 [2] The Tribunal has now received submissions as to penalty. Facts [3] Section 50 of the Act provides: 50 Salespersons must be supervi...

3. [2024] NZIACDT 05 - UT v Lawlor (18 January 2024) [pdf, 148 KB]

   ...the information had been provided. ASSESSMENT [32] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Invoices 22. A licensed immigration adviser must, each time a fee and/or disbursement is payable, provide the client with an invoice containing a full description of the services the fee relates to and/or disburse...

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

   ...consent to acting for both parties (and we note the agreement for sale and purchase included a waiver of independent advice by Ms W), this was not a discretionary matter because r 5.4.4 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules) absolutely prohibits a lawyer entering into a property transaction with a client from acting where a conflict of interest arises. And: A lawyer is deemed to be a party to the transaction where the transaction i...

5. 2021-06-15 Notice of Mediation - PC 8 [pdf, 210 KB]

   ...Murray Resource Management Ltd, NO ADDRESS AVAILABLE, philh.murray@xtra.co.nz Interested Party S274 Pine Terrace Ltd Nicole Dowling, NO COUNSEL ADDRESS AVAILABLE, Nicole.dowling@ravensdown.co.nz Interested Party S274 Pomahaka Water Care Group Pomahaka Water Care Group, NO ADDRESS AVAILABLE, lloyd@m90fs.co.nz Interested Party S274 Puketoi Farming Company Ltd Puketoi Farming Company Ltd, NO ADDRESS AVAILABLE, gcrutch2883@gmail.com Interested Party S274 Qu...

6. [2022] NZIACDT 8 - IF v Registrar (2 May 2022) [pdf, 111 KB]

   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:

7. LCRO 164/2019 SM v NL (25 June 2020) [pdf, 150 KB]

   ...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...

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

   ...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...

9. 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...

10. 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...