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1. 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...

2. 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....

3. Martin v Accident Compensation Corporation (Treatment Injury) [2025] NZACC 35 (26 February 2025) [pdf, 263 KB]

   ...changed the treatment provided. [12] The parties agreed to phrase the issue to be determined as: Was Mr Chou’s decision to conduct left ulnar osteotomy correct – in other words, did that decision deviate from an objective standard of care? Medical Background. [13] Ms Martin presented to the emergency department at Wellington hospital on 5 December 2020. She left after being triaged but at that point the conclusion was a decreased range of motion and no deformity seen. A...

4. 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...

5. 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...

6. 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...

7. TP v RO LCRO 174/2012 (7 November 2014) [pdf, 88 KB]

   ...is to defray the costs of administering the complaints and disciplinary mechanisms of the Act, which otherwise fall on all lawyers. [42] The starting point is that Mrs TP was entitled to apply for a review. There is a clear focus on consumer protection within the broader purposes of the Act, and on open access to the complaints and disciplinary processes of the Act for members of the public such as Mrs TP. [43] It is also relevant when considering costs that the Committee did...

8. Parata v Lake - Ngarara West B3B (2004) 144 Aotea MB 105 (144 AOT 105) [pdf, 557 KB]

   ...convenience. For conlpleteness, I note that section 77(3) of the Act as referred to by the counsel for the Respondent provides an exception to the general ten year rule in the contexi, of section 45 applications. Decision For the reasons stated, after careful consideration of the evidence and subtnissions before the Couti, pursuant to section 37 of the Act the application is disnlissed. Counsel nlay \Nish to subnlit Inel110randa in respect of costs. Dated at Rotorua this ,---- da...

9. Family Court Rewrite Submission - NZ FC Court Psych Group [pdf, 304 KB]

   ...helpful in determining the matter, for a psychological assessment of the parties as it relates to their parenting. We note that (generally) psychological/psychiatric assessments are not appropriate screens for assessing parenting or children’s care arrangements because professionals who undertake them are not experts in assessing the individual within this particular context. Again we note that there are evidence based and effective models for assessments and interventions in comple...

10. [2021] NZEnvC 037 Ngai Tamahaua Hapu Committee v Heritage New Zealand Pouhere Taonga [pdf, 782 KB]

    ...been set out in any of the notices of appeal. [21] In conclusion, the Hapu Committee submitted the Court should weigh the purpose and principles of the Heritage New Zealand Pouhere Taonga Act in considering their application, in particular the protection and preservation of historical and cultural heritage and the principle ofleast possible alteration or loss. Respondent's Submissions [22] Counsel for HNZPT made brief written submissions. She noted that the scope of the m...