Search Results

1. [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...

2. N v K LCRO 9 / 2008 (3 February 2009) [pdf, 13 KB]

   ...to this office by the parties. Consideration [4] The applicants described the letter of 21 August from Lawyer K to be “groundless” and “outrageous” in a letter of 14 October 2008. [5] One of the fundamental duties of a lawyer is to protect and promote the interests of his or her client to the exclusion of the interests of third parties (Rule 6 Lawyers Conduct and Client Care Rules). [6] Balancing this obligation is Rule 12 which provides that “a lawyer must, when a...

3. BORA Terrorism Suppression Amendment Bill [pdf, 273 KB]

   ...particular part of the information itself would involve disclosure that would be likely to prejudice certain interests. 6. Courts have on a number of occasions recognized the need for security intelligence information to be kept secret in order to protect national security: see, for example, Canada (Minister of Employment and Immigration) v. Chiarelli [1992] 1 S.C.R. 711 (at paragraph 48); Ruby v. Canada (Solicitor General), [2002] 4 S.C.R. 3 (at paragraphs 43 and 44); Charkaoui [200...

4. BORA Easter Sunday Shop Trading Amendment [pdf, 190 KB]

   ...work on Good Friday they cannot be required to work unless they have agreed in their employment agreement to do so. 6. Although trading on Easter Sunday is restricted, it is not a "public holiday" for the purposes of the Holidays Act. The protection described above with respect to Good Friday is not applicable to Easter Sunday. However, a person who is normally required to work on a Sunday and works for a shop to which this Bill applies has the ability to initiate the re- negoti...

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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. 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...

8. 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...

9. [2021] NZACC 104 - A v ACC (16 July 2021) [pdf, 309 KB]

   ...submits payment can be made under s 82. [29] The key aspects of social rehabilitation listed in s 81(1) of the Act are: (1) In this section, key aspect of social rehabilitation means any of the following (a) aids and appliances: (b) attendant care: (c) child care: (d) education support: (e) home help: (f) modifications to the home: (g) training for independence: (h) transport for independence. [30] Section 82 then provides ACC with a discretion to provi...

10. [2025] NZIACDT 14 - INZ v Ma (19 February 2025) [pdf, 248 KB]

    ...investigation of a close family member). Ms Ma produced certain documents in support, including medical evidence. [17] Ms Ma offered a sincere apology for her wrongdoing in not checking directly with the client. If she was able to carry on with her career in order to take responsibility for her family, she would do it a lot better. She had studied eight years ago and this was the first year involving a health issue, toddlers and a criminal investigation. Ms Ma said she had not...