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1. 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 Furthermore, he acted unprofessionally in offering to refund his fee if the complaint was withdrawn.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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. [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...

9. Review Subcommittees v PG 22/2016 (30 November 2016) [pdf, 100 KB]

   ...account rendered by XM and their obligation arose through the terms of the lease. This ‘indirect’ obligation to pay nonetheless renders the lessee ‘chargeable’ with the bill of costs. To decide otherwise would be to deny the consumer protection focus of the Lawyers and Conveyancers Act. [18] The authority of the subcommittees to make the complaint through their chairmen derives from the statute rather than from the terms of the lease. [19] Another important issue that w...

10. National Standards Committee v Jefferies [2016] NZLCDT 29 [pdf, 40 KB]

    ...interest (which include “protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases. Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that – in this decision a full bench of the High Co...