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1. EQE v ICQ [2019] NZIACDT 37 (6 June 2019) [pdf, 189 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.4 [32] The sanctions that may be imposed by the Tribunal are set out in the Act.5 The focus of professional disciplinary proceedings is not punishment but the protection of the public.6 [33] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ...

2. BW v NA LCRO 266/2012 and 269/2012 (9 June 2014) [pdf, 185 KB]

   ...and his view that his fees were not excessive. It recorded the steps it had taken in its enquiry leading up to the hearing including receiving Mr NA’s submissions, set out sections of the Act, Trust Account Regulations and Conduct and Client Care Rules (the Rules),2 dealt with the two aspects of Mr BW’s complaint then considered the following two issues which arose from the issues it had identified in the notice of hearing: a) Whether or not [the $6,500 fee was] in fact debited...

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

   ...decision, had now expired. Accordingly, he was now in New Zealand unlawfully and had to leave or he was liable for deportation. [21] The following day the complainants paid Mr Hakaoro $500 to lodge an appeal against the decision with the Immigration and Protection Tribunal. Mr Hakaoro issued a receipt, which stated that the payment was for “appealing”. [22] The complainants did not receive any correspondence from Mr Hakaoro. On 26 January 2012, they went to see Mr Hakaoro to obtain...

4. [2021] NZACC 104 - A v ACC (16 July 2021) [pdf, 309 KB]

   ...due to the nature of the treatment and the ability to receive it with ever improving online technology. Although s 28 does not apply, the general policy of the Act is still on New Zealand registered providers. This provides an element of public protection because these are persons within this jurisdiction and who are subject to professional disciplinary and competency assurance requirements. It would take a decision by Parliament to depart from this, even for video-link treatment...

5. National Standards Committee 1 v Palmer [2023] NZLCDT 13 (28 April 2023) [pdf, 157 KB]

   ...Purposes and principles of penalty [13] It is now well established that the purpose of penalties imposed in professional disciplinary proceedings is not punitive. Rather, it reflects the purposes of the Lawyers and Conveyancers Act 2006 (LCA): the protection of the public, the upholding of professional standards and of the confidence that the public has in the legal profession. [14] As well as that, an assessment of proportionate penalty includes consideration of the following:...

6. [2020] NZIACDT 23 - Y(O)R v Tian (8 June 2020) [pdf, 135 KB]

   ...son’s schools and not gaining written permission to continue representing her or her family; and (vii) failing to issue invoices for fees and disbursements to the complainant. (2) Alternatively– (i) failing to conduct herself with due care and diligence in relation to client engagement and processing the complainant’s visa applications, in breach of cl 1; (ii) failing to disclose to the complainant in writing a conflict of interest (commissions from schools) and failin...

7. [2024] NZIACDT 03 – MT v Murthy (11 January 2024) [pdf, 160 KB]

   ...communications with the complainant. ASSESSMENT [25] 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. Confidentiality 4. A licensed immigration adviser must: a. preserve the confidentiality of the client except in the following circumstances: i. with the client’s written consent, or ii. if making a compl...

8. Family Court rewrite submission: New Zealand Law Society [pdf, 1 MB]

   ...jurisdictions. The Family Court has a dual role embodied in most of the statutes under its jurisdiction: it is a court of law that has a judicial role to determine disputes based on the evidence before it; and when exercising that role, it also has a protective jurisdiction (in terms of the Care of Children Act 2004 (COCA) and other legislation) to ensure that children’s welfare and best interests are paramount. Unlike the other courts, the Family Court also has to make predictive a...

9. Vincent v Kennedy - Estate of Carol Fleet (2019) 185 Taitokerau MB 148 (185 TTK 148) [pdf, 328 KB]

   ...descent or otherwise) in Ngaati Hei lands, motu, taonga and resources to my nephew NATHAN KENNEDY (to hold and administer as kaitiaki) or at my said nephew’s election to such legal entity as he shall establish in consultation with my trustee to protect those holdings in perpetuity for the Māori people generally and Ngaati Hei iwi (in the widest sense of that expression) particularly; (c) To give anything remaining to NATHAN KENNEDY absolutely in recognition of his willin...

10. Faulkner v Egan - Matapihi 3A2C1C2C (2006) 86 Tauranga MB 141 (86 T 141) [pdf, 785 KB]

    ...8. Prior °to his death Putere filed an affidavit dated 24th June 2005. In that affidavit he said that Hurihia told him that if he and Catherine paid Thomas for his share of the house, she (Hurihia) would gift them her share in return for taking care of her. 9. Catherine Faulkner also confirmed at the hearing that Hurihia had said that as soon as Putere paid the money to Thomas, she (Hurihia) would make her share of the house over to Putere. (See 85 Tauranga MB 104). Attached to Put...