Search Results

1. HE and SD v QXF [2011] NZIACDT 32 (20 September 2011) [pdf, 126 KB]

   ...overcharged, and misrepresented himself as a principal rather than an employee. In addition, that he failed to establish a client relationship in accordance with the Code which governs his profession. [2] The Adviser said he acted ethically and properly to protect his clients in a situation where his employer was failing financially. He accepted he may have made errors in establishing the client relationship but they were not more than oversights. Issues [3] The Tribunal must assess...

2. [2020] NZEmpC 149 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 438 KB]

   ...Can directions be issued to bind a representative? [69] For the purposes of the present proceeding, it is also necessary to consider whether directions can be issued to bind a representative, as well as a party. [70] Parliament has taken some care in defining when a person may be represented, and by whom. Section 236 provides that where an employee has the right to do or take any action in the Authority, that employee may choose any other person to represent him or her for the pu...

3. [2023] NZEnvC 192 Sieling v Thames-Coromandel District Council [pdf, 1.4 MB]

   ...‘Future Development’ area of the structure plan as shown in Diagram A; (viii) Establish a pedestrian access from the Tarapatiki Residential Area along with a cycle way to connect with State Highway 25. (b) Existing indigenous vegetation shall be protected or enhanced to ensure: (i) Stewardship over the protection, ongoing enhancement and management of areas with indigenous vegetation; (ii) Retirement and legal protection of 'Conservation' areas identified within Diagr...

4. ABN Ltd v ZYR & ZYQ [2013] NZDT 61 (17 May 2013) [pdf, 68 KB]

   ...advised ZYR and ZYQ of that. [38] There has been no evidence given that the argument of ABN Ltd was not correct. [39] Therefore, I find that there has been no breach by ABN Ltd of the guarantee that the service will be provided with reasonable care and skill (s 28, Consumer Guarantees Act 1993). [40] I also find that there has been no breach by ABN Ltd of s 29 of the Consumer Guarantees Act 1993, which states that the product of a service provided should be fit for its i...

5. MLC - 2014 March - Urupā reservations [pdf, 411 KB]

   ...Questions may arise as to whether spouses, civil union partners, de facto partners or whāngai are also eligible to be buried in an urupā when they may have no affiliation to the hapū associated with the land. These are matters which need to be carefully considered by owners when creating an urupā reservation. Māori Land Court | Judge’s Corner Judge S Te A Milroy The advantages of constituting an urupā reservation The main advantage of setting aside an urupā as a reser...

6. LCRO 12/2021 OH v GC (25 May 2021) [pdf, 131 KB]

   ...is understandable that the issues addressed by the Committee may not have been explicitly raised by Mr GC as he would not necessarily have been aware of the specific requirements of the Lawyers and Conveyancers Act 2006, the Conduct and Client Care Rules,19 the Trust Account Regulations,20 and any other legislation, rules or regulations with which lawyers must comply. However, all of the issues referred to in [20] of the Standards Committee determination are implicit in Mr GC’s com...

7. Auckland Standards Committee v Smith [2015] NZLCDT 40 [pdf, 31 KB]

   ...disrepute? 6. If not, did her conduct “fall short of the standard of competence and diligence” expected, in terms of s 12(a), as pleaded? Background [5] Ms Smith is living overseas, but gave evidence by Skype link. We were impressed by her careful and straightforward answers in cross-examination. Having heard the evidence of Ms Smith, we consider that a number of the particulars pleaded are inaccurate. Indeed, in opening, Mr McCoubrey, for the Standards Committee, properl...

8. Canterbury Westland Standards Committee 2 v Carmichael [2017] NZLCDT 28 [pdf, 225 KB]

   ...allowed your circumstance both personal and professional to overwhelm you. You did not seek help when you should have. Such a failure cannot go unmarked by this Tribunal which has a responsibility to the public and to the legal profession to provide protections from such behaviour. DATED at AUCKLAND this 19th day of October 2017 BJ Kendall Chairperson

9. LCRO 126/2023 EG v HJ (28 November 2023) [pdf, 283 KB]

   ...at… [Suburb B]… to [the creditor], if he was failing to pay $600K (the monies) back to [the creditor] on 26 March 2022. [The applicant] did fail to repay [the creditor] in full on 26 March 2022. [The creditor] at this point of time has right to protect his interested property not to be disposed of without having his consent. This could only be done by lodging a caveat against the [Suburb B] property. …. [The applicant] wrote another promissory statement saying that if the moni...

10. Canterbury Westland Standards Committee 2 v Withers [2013] NZLCDT 54 [pdf, 242 KB]

    ...and dishonesty, and that he had little awareness of his professional obligations. [7] All of these matters, the Committee said, meant that the only appropriate penalty was an order striking Mr Withers’ name from the roll, to ensure public protection and to demonstrate a proper response to his wrongdoing. Position of Mr Withers [8] For Mr Withers, it was submitted that striking off was not the appropriate penalty in this case. The Tribunal was asked to balance factors w...