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1. [2023] NZIACDT 14 - II v Sun (26 April 2023) [pdf, 118 KB]

   ...Visa), for the complainant and associated visas for his wife and their child. The complainant was the principal applicant. [7] Immigration New Zealand (Immigration NZ) completed an initial assessment of the application and wrote to the complainant, care of Mr Sun, on 18 November 2019, setting out numerous concerns with the application. He was invited to provide further information. [8] On 28 November 2019, Ms M, an employee of Heytour in China, rang the complainant (who was in Ch...

2. BC v BB Ltd [2023] NZDT 376 (18 July 2023) [pdf, 113 KB]

   ...cost around $13,000.00. (c) I have taken into account Mr N’s comment that new projectors only have a warranty of up to 2 years, and new bulbs have a 3-month warranty. (d) I am satisfied that s138 of the CCLA does not provide an ongoing protection for a buyer from failure of second-hand goods such as the Projector. BB Ltd therefore cannot be held responsible for the Projector failing unexpectedly, particularly when it is unclear what caused it to fail, and Mr N and BC have confl...

3. Family Legal Advice Service Operational Policy v1.8 June 2018 [pdf, 1 MB]

   Family Legal Advice Service Operational Policy for providing early legal advice for disputes under the Care of Children Act 2004 Family Legal Advice Service Operational Policy v1.8 July 2018 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in rela...

4. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]

   ...“company”, “Trust” and “agent” refer either to the entity itself or the individuals concerned, as the context requires. 7. The issues to be resolved were as follows: (a) Did the agent breach the agency contract? (b) If so, is the agent protected by the limitation of liability clause in the Contract? (c) If the agent is liable to the company, is the Trust liable to the agent under the indemnity clause in the Settlement? Did the agent breach the agency contract?...

5. [2015] NZEmpC 137 Stevens v Hapag-Lloyd (NZ) Ltd costs [pdf, 173 KB]

   ...of limiting their exposure to this risk. A claimant may avoid this risk by abstaining from taking legal proceedings; but a party who is sued has no such alternative. It follows that, in fairness, defendants must have the means of gaining some protection from costs by making offers to settle by in some way meeting the claim. Plaintiffs should also have protection where defendants decline reasonable settlement offers. [57] Then there are the “public” aspects of litigation. I...

6. EA v WSC2 LCRO 11 / 2011 (24 June 2011) [pdf, 124 KB]

   ...provisions where an Act does not adequately provide for a situation that should be provided for to enable the legislation to operate effectively. (d) This is an area of professional discipline, with the relevant legislation focusing on public protection and confidence regarding legal services. In that area the Tribunal should be cautious in allowing preliminary technical process issues, with no real bearing on the rights of the person charged or the substantive process followed, to p...

7. Coutts - Estate of James Pou (2008) 129 Whangarei MB 145 (129 WH 145) [pdf, 328 KB]

   ...MB 148 SMonk: Yes, he was just left behind and my uncle looked after him. Court: He raised him from what age? S Monk: About 3. Court: Right through his childhood? S Monk: Oh, off and on because between my uncle and his wife they both took care of him. They were both separated . R Potorata: ... and he'd go back to his ... Court: Did the mother of Trez ... ? R Potomta: He'd go back to his parents when he (sic) got out of jail. [13] Although Sharee Monk acknowledged Tr...

8. LCRO 106/2021 TH v QA (17 August 2021) [pdf, 149 KB]

   ...Standards Committee decision dated 30 June 2021 at [10]. 5 [32] In deciding to take no further action on Mr TH’s complaint, the Committee held:3 (a) Mr QA was not Mr TH’s lawyer. (b) The Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) have minimal application to the relationship between a lawyer and a third party, such as here. (c) Mr TH’s allegations about Mr QA’s are serious and concern a matter that has been brought before the...

9. [2021] NZIACDT 18 - CL v Khetarpal (10 August 2021) [pdf, 242 KB]

   ...& [151]. 8 Z v Dental Complaints Assessment Committee, above n 7, at [97], [101]–[102] & [112]. 8 General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, and … Work within limits of knowledge and skills 8. A licensed immigration...

10. LCRO 32/2022 QP v ZH (28 March 2023) [pdf, 209 KB]

    ...basis of other complaints: • Costs incurred for placing funds on term deposit and for preparing statements. Mr QP speculates that the funds may not have been placed on deposit. 3 • Potential breach of r 10.2 of the Conduct and Client Care Rules.1 • [Law firm K] was conflicted when it continued to act for Ms WO on her personal matters, including the purchase of another property. [Law firm K] response [13] [Law firm K] responded under the hand of two of its direct...