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1. GU v TI LCRO 258 / 2010 (19 December 2011) [pdf, 129 KB]

   ...reason that he did not comply with the Rules, the Trust Account Regulations or the Act. It is not therefore appropriate that Mr TI be ordered to refund the fees as sought by Mr GU. [79] One of the purposes of the Lawyers and Conveyancers Act is to protect the consumers of legal services (section 3(1)(b)). Any unauthorised dealing with client funds must have some disciplinary response if the purpose of the Act is to be upheld. In this regard I differ from the Standards Committee in...

2. Van Workum & Ors as Trustees of the Van Workum Family Trust v Auckland City Council [2010] NZWHT Auckland 20 [pdf, 210 KB]

   ...amount estimated to remedy those defects of $309,319.88 are conceded. CLAIM AGAINST ROWLEY JOHN CROWTHER [20] In their Closing Legal Submissions dated 22 March 2010 the claimants allege that real estate agents have both a tortious duty of care to purchasers in respect of advice given by the agent and that they are liable under the Fair Trading Act 1986 (FTA) for misleading conduct or misrepresentations. Based on the conduct of Mr Crowther leading up to the purchase of th...

3. CK v Auckland Standards Committee LCRO 63 / 2011 (11 October 2013) [pdf, 130 KB]

   ...professionalism was found wanting, I do not see that there is a proper basis for finding that the Practitioner was in breach of Rule 13. The Standards Committee may have been influenced by the unequivocal language used by the Court, but it ought to have carefully scrutinised exactly what the criticism related to. Having carefully considered the information I conclude that the Standards Committee erred in finding that the Practitioner had breached Rule 13. Standard of Professional...

4. KXBK v GVH [2019] NZIACDT 74 (1 November 2019) [pdf, 195 KB]

   ...Advisers Authority (the Authority) notified the adviser of the complaint. [2] It is alleged that the adviser was negligent or breached the Licensed Immigration Advisers Code of Conduct 2014 (the Code) by failing to exercise diligence and due care, since he filed an application which had little hope of success. Furthermore, he acted unprofessionally in offering to refund his fee if the complaint was withdrawn. [3] The essential issue to consider is whether, despite mistakes by the...

5. LCRO 95/2024 HC v RB (30 July 2025) [pdf, 428 KB]

   ...respondent referred to unauthorised withdrawals of between $250,000 and $300,000 and the likelihood of other unauthorised withdrawals in previous years. He recorded that his primary reason for not agreeing to retire as trustee was the need “to protect the girls in particular from these unauthorised withdrawals on the Trusts’ fund” and commented on the applicant’s perceived intention to replace him with “a person who will be more pliant to her wishes and in effect give her free...

6. [2016] NZEmpC 87 Kupa v Silver Fern Farms Beef Ltd [pdf, 248 KB]

   ...incur a warning in respect of an offence if the supervisor decides that formal disciplinary action is required. … v) Failure to follow the reasonable instruction of a supervisor or other authorised agent of the employer. … ix) Personal protective equipment (PPE) is provided for the safety and wellbeing of all employees. Failure to use or wear agreed PPE as instructed is foolhardy and unacceptable. [12] Then cl 31 deals with warnings for misconduct “outside that which...

7. Mohammadalibeigy v Yap [2015] NZIACDT 64 (25 May 2015) [pdf, 178 KB]

   ...standards of conduct are maintained in the occupation concerned. [8] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [8.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [8.2] Demanding minimum standards of conduct: Dentice v Valuers Registration...

8. Carley (INZ) v Kim [2015] NZIACDT 107 (22 December 2015) [pdf, 182 KB]

   ...[16.7] Costs. [17] However, the Tribunal has taken a very flexible approach where complaints arise out of a licensed immigration adviser’s lack of awareness, and provided opportunities for restoration to practising. None-the-less, the consumer protection afforded by the Act is always an important factor. [18] In this case, I approach the matter on the basis Ms Kim does not comprehend the issues. Serious as the matters are, they appear to result from ignorance and gross incompetence r...

9. LCDT - 2013 annual report [pdf, 442 KB]

   ...public become increasingly aware of their rights and the Law Society’s own processes continue to identify issues of concern. The focus of the Tribunal now will be to ensure that it operates as efficiently as possible, both judicially in its public protection role, and as an independent statutory tribunal. Judge D F Clarkson Chair Page | 9 Appendix 1 Membership during the period 1 July 2012 to 30 June 2013 Chair Judge Dale Clarkson Deputy...

10. Wellington Standards Committee v Lester [2015] NZLCDT 23 [pdf, 93 KB]

    ...them of the charges which she has admitted. Her present senior partner expresses confidence in her abilities and by inference confidence in her integrity and the belief that the public can have trust in her such that there is no requirement to protect the profession. [19] The applicant has responsibly acknowledged the mitigating factors that have been advanced on behalf of the respondent. Its primary submission is that the number of charges (the most serious of which is misconduct...