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1. Auckland Standards Committee v Morahan [2015] NZLCDT 29 [pdf, 459 KB]

   ...instructing solicitor that will be fine providing he signs a Letter of Engagement, a retainer is given for you and me and kept topped up and I am kept in the loop with documents and involvement. Our duty is firstly to the court and we must observe this carefully and be on top of it. Sorry to sound pedantic but as lawyers we have to be thorough and careful - too many complaints and problems now for lawyers under the new regime. Let me know what you think and the way forward”.6 [18...

2. LCRO 113-2017 GN v IG [pdf, 265 KB]

   ...administration of justice in the context of this case involved a recognition by Mr GN that the court might rule against him and therefore ensuring that he took no steps which might have the effect of defeating that. [109] This also has the effect of protecting court processes, as the heading to r 13.2 provides. [110] The administration of justice thus meant the ability to ensure the seamless transfer of the ownership of the capital to Mrs IG. [111] In my view by reinvesting the fu...

3. [2022] NZIACDT 5 – LS v Murthy (4 April 2022) [pdf, 199 KB]

   ...Complaints Assessment Committee, above n 10, at [97], [101]–[102] & [112]. 9 [47] Ms Mortimer-Wang asks the Tribunal to take into account Ms Murthy’s health during this period, details of which are given. This affected her standard of care. A medical certificate (7 December 2021) was later provided to the Tribunal. [48] Ms Murthy expressly denies the allegation of dishonest or misleading behaviour. [49] As for the Gmail account, this was authorised by the complaina...

4. [2019] NZREADT 37 - Tafilipepe - penalty [pdf, 280 KB]

   ...the industry into disrepute was a highly aggravating factor. [17] With respect to the finding of misconduct (reckless contravention of r 9.6) on the 416 charge, Mr Hodge submitted that the purpose of r 9.6 is to ensure that vendor clients are protected by an agency agreement from the outset, and Ms Tafilipepe’s conduct deprived the vendors concerned of this protection. He submitted that the fact that Ms Tafilipepe continued to market properties to persons on her “as is” list,...

5. [2023] NZIACDT 13 - OT v Ramos (24 April 2023) [pdf, 174 KB]

   ...Complaint filed in the Tribunal [32] The Registrar filed a statement of complaint (19 December 2022) in the Tribunal alleging against Ms Ramos: Negligence, or alternatively breaches of the specified clauses of the Code – (1) Failed to exercise due care in ensuring the residence application was lodged as instructed, in breach of cl 1. (2) Failed to exercise due care and diligence by not recognising that being unwell may impact the services provided to the complainant, in breach...

6. [2020] NZIACDT 46 - ZG v Parker (19 October 2020) [pdf, 357 KB]

   ...breached the Code in the following respects: (1) relied on unlicensed persons to communicate with the complainant and enabled the provision of unlicensed advice, thereby conducting his work in an unprofessional manner and failing to exercise due care and diligence, in breach of cl 1; (2) failed to personally communicate with the complainant and obtain her lawful instructions regarding the submission of the EOI, in breach of cl 2(e); (3) enabled the provision of immigration advice...

7. Geldenhuys v C Yap [2013] NZIACDT 27 (12 April 2013) [pdf, 207 KB]

   ...migration on the basis of the original advice. She said she had discussed the fees she was being charged with other people and had the impression she was being overcharged. [23] On 9 May 2011 Ms Susan Atherton, who Oceania describes as a “Client Care and Compliance Officer”, said: When a client begins with us they pay a sign on fee. You had paid us NZ$1,950. It is our practice to apply 50% of the value of the sign on fee as a complimentary credit to the opening invoice and to th...

8. Bevan v Peakman - Succession to Kathleen Paikea and Hemi Wharepaikea [2024] Chief Judge's MB 212 (2024 CJ 212) [pdf, 360 KB]

   ...mother, Audrey, is their daughter. When I was left by my mother (parents) as a baby, I was taken in by my grandparents and raised as their own in Ngaruawahia (parents in Mangakino). James and Kath assumed responsibility for me, I never left their care. All decisions about my upbringing were made by my grandparents without consulting my mother. I grew up knowing all my needs were met by them and therefore unchallenged. This point was further distinguishable when my mother and...

9. BU v DG LCRO 276 / 2011 (17 September 2013) [pdf, 102 KB]

   ...Background [11] The complaint by BU arises from two letters sent by DG in which BU says DG’s “threatening, discourteous, disrespectful and arrogant behaviour”1 constitutes breaches of Rules 2.3, 2.4, 2.7 and 10.12 of the Conduct and Client Care Rules (RCCC). While BU is affronted by the tone and content of DG’s correspondence, my view is that although the tone of the correspondence is robust, and in parts unnecessarily provocative, it does not reach the threshold for an ad...

10. BG & BG v Hakaoro [2013] NZIACDT 63 (19 September 2013) [pdf, 157 KB]

    ...of the written engagement and all significant matters relating to it (Clause 1.5), [53.2] Attending to disclosure obligations including explaining the obligations in the Code of Conduct (Clauses 1.4, 7, 8 and 9), and [53.3] Carrying out with due care, diligence, respect and professionalism lawful informed instructions of clients, which will involve looking at all material issues arising in relation to prospective immigration (Clause 1.1(b)). [54] Furthermore, Clause 3 of the Code of C...