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1. Wellington Standards Committee 2 v McDonnell [2022] NZLCDT 18 (13 June 2022) [pdf, 112 KB]

   ...under s 242(g). Ms Pender argued such an order could have symbolic value, but we find that to be unnecessary. In this case there is no prospect of rehabilitation because Mr McDonnell will not practise law again. Thus, there is no future need to protect the public. Our condemnation can satisfactorily be reflected in the terms of this decision, and in censure, compensation and costs. [24] Mr Turkington sought an order for name suppression for Mr McDonnell under s 240 of the Act....

2. MC v IS [2025] NZDT 145 (24 March 2025) [pdf, 107 KB]

   ...the next issue is whether IS has committed a legal wrong (a tort) by having soil rather than a scoria pit against the garage wall. CI0301_CIV_DCDT_Order Page 3 of 5 Is there an actionable nuisance? 19. An action for private nuisance protects a person’s right to the use or enjoyment of an interest in land. The interference with use and enjoyment of land must be substantial and unreasonable. If the nuisance causes physical damage or loss of property, the Tribunal has jurisdic...

3. Auckland Standards Committee 5 v Van Noort [2017] NZLCDT 21 [pdf, 286 KB]

   ...in respect of their small farm property, and on which he was to embark on a wine growing enterprise. [5] The practitioner has acknowledged that in doing so he breached Rule 5.4.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 which expressly prohibits a lawyer from acting for a client in any transaction in which the lawyer has an interest. That prohibition is eased if the matter is not contentious and also if the interests of the lawyer and clie...

4. Wellington Standards Committee v Skagen [2014] NZLCDT 82 [pdf, 173 KB]

   ...conduct. We note also that it was sustained. We have also had regard to the practitioner’s arrogance in his response to the investigation. We have no confidence that he will not behave in a similar manner in the future. The public is entitled to protection from him. [35] The practitioner has been the subject of earlier charges. The Disciplinary Board of the Supreme Court of the State of Oregon found that the practitioner had breached Rules of Professional Conduct by failing...

5. [2024] NZREADT 23 – CAC 2106 v Hu (29 July 2024) [pdf, 255 KB]

   ...(the Committee) with: (1) misconduct under s 73(a) of the Act (disgraceful conduct), or alternatively with misconduct under s 73(c)(iii)(wilful contravention of rr 6.1 and/or 6.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules)), or alternatively; (2) unsatisfactory conduct under s 72(b) (contravention of rr 6.1 and/or 6.3) and/or s 72(d) (work regarded by agents of good standing as unacceptable). [3] The particulars of the charges...

6. [2024] NZEnvC 291 Strain v Queenstown Lakes District Council [pdf, 3.2 MB]

   ...of the Schedule) for the approximate location and extent of the four subareas within LCU 11. Vegetation patterns Tall hawthorn hedging and mature poplar trees along the eastern side of Lower Shotover Road. Much of the road-side hawthorn hedging is protected under the District Plan, consent notices or conditions of consent. Exotic shelterbelts, woodlots, remnant gully/riparian vegetation, and exotic and indigenous amenity plantings on older rural and rural residential properties and aroun...

7. Bennett - Estate of Ronald Clifford Bennett (2017) 156 Waiariki MB 250 (156 WAR 250) [pdf, 241 KB]

   ...(2) The court shall not make an order under this section in favour of any person whose claim, in the opinion of the court, fell or falls within the jurisdiction of the High Court under the Law Reform (Testamentary Promises) Act 1949 or the Family Protection Act 1955. 156 Waiariki MB 260 (3) In enacting this provision, Parliament has in mind particularly the possibility of injustice arising in individual cases from the prohibitions enacted by this Act against the alienation o...

8. Regulatory Systems Amendment Bill [pdf, 218 KB]

   ...ensuring that a company does not have to lose its licence when it loses its agent license holder. 46. Explicitly include a requirement that a temporary licensee be a ‘fit and proper person’ to hold a licence. Ensure consumers are protected and maintain public confidence in the profession. 14 No. Act Amendment Expected impacts 47. Provide the Registrar of the Authority with a discretionary power to exempt an application for a licence from the requirement to...

9. WQ v Emberson [2019] NZIACDT 28 (8 May 2019) [pdf, 186 KB]

   ...well aware that his agreement was with the law firm. She believed that the complainant and the law firm were complicit in the complaint to the Authority. It was a malicious, frivolous, and vexatious complaint to undermine someone with a spotless career of 16 years in immigration. [29] Ms Emberson set out how she came to work at the law firm. She had expected a written agreement with the firm and was given all sorts of excuses as to why the agreement and her Dubai visa, sponsore...

10. LCRO 6/2022 ZED Limited v RK (21 February 2022) [pdf, 194 KB]

    ...the fact that the core instructions to Mr RK of issuing judicial review proceedings, were necessarily supplemented by injunction and caveat proceedings. The supplementary litigation produced a desired result for Mr YP in that his position was protected pending disposition of the judicial review proceedings. [87] An arithmetical calculation of the nett fees charged divided by Mr RK’s hourly rate, produces total time spent on the litigation and its related issues, of some 85 hours....