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1. 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...

2. ENVC Hearing 6Oct14 TGKL lay attach 8 state of gulf [pdf, 7.9 MB]

   ...assessment for publication the Forum asked for feed back on options to address the adverse environmental impacts it identifies. I expect that this will include an expanded set of indicators which enables us to track progress towards clear targets and carefully planned interventions aimed at protection and enhancement. This is needed to ensure a rich diversity and abundance of fish and marine life in the Hauraki Gulf in the future. Mayor John Tregidga Chair Hauraki Gulf Forum State of t...

3. 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...

4. Robinson v CAC 20006 & Wagner [2014] NZREADT 57 [pdf, 62 KB]

   ...Trust had not been inserted in the listing agreement, and the complainant had not signed it. Advice had been given to the agency that both the trustees must sign all contractual documents. The licensee, as branch manager, should have exercised more care, competence and diligence in the listing of the property. The Committee said: “[4.9] The Committee finds that the Licensee in his position as branch manager of the Agency should have exercised more care, competence and diligence in...

5. 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...

6. 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...

7. 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...

8. 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...

9. [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...

10. 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...