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1. Complaints Assessment Committee 403 v Zhang [2018] NZREADT 53 [pdf, 179 KB]

   ...through a disciplinary process that is independent, transparent, and effective. Penalties for misconduct and unsatisfactory conduct are determined bearing in mind the need to maintain a high standard of conduct in the industry, the need for consumer protection, the maintenance of confidence in the industry, and the need for deterrence. [10] A penalty should be appropriate for the particular nature of the misbehaviour, and the Tribunal should endeavour to maintain consistency in pen...

2. YA & AZ v BT [2024] NZDT 765 (22 November 2024) [pdf, 118 KB]

   ...or into their roof. It also was not adequate because it created ongoing maintenance expenses and because it extended too far into their property and close to their house. The applicants further submitted that even if maintenance was currently taken care of by BT and NT, if they sold their property, a future owner of their property might not do so. 23. NT argued the hedge is attractive, healthy and provides an adequate degree of privacy for the occupants of each property. NT provided r...

3. Auckland Standards Committee 2 v Small [2024] NZLCDT 32 (16 October 2024) [pdf, 106 KB]

   ...(3) A person commits an offence against this Act and is liable on conviction to a fine not exceeding $25,000 who knowingly acts in contravention of subsection (1). [10] Rule 10.2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) provides: Reputation of profession 10.2 A lawyer must not engage in conduct that tends to bring the profession into disrepute. [11] Rule 10.9 of the Rules provides: Misleading and deceptive conduct 10.9 A lawy...

4. LCRO 341/2013 QE v ML (nee BM) [pdf, 262 KB]

   ...Standards Committee had based its finding of unsatisfactory conduct. That has been cured on review and Ms GH has addressed each of the items of correspondence in her submissions on review. [65] Each of the submissions made by her have been carefully considered and the supporting correspondence examined. In each case Ms GH’s submissions are accepted. It is also noted that there was no follow-up correspondence from Mr QA to Mr QE requesting responses be provided. [66] On th...

5. Legal Aid Audit Report 2017-2018 [pdf, 367 KB]

   ...With few exceptions, overall ratings of excellent and very good were reserved for providers who regularly communicated with their clients. Final reporting letters were a feature of all the excellent audits sampled. Providers also provided client care information on receiving the grant of legal aid. Inconsistencies in reporting (such as failing to provide final reporting letters) typically reduced an otherwise-excellent rating to very good. Even at higher ratings, providers were freq...

6. [2020] NZIACDT 41 - TBE v Proudman (30 September 2020) [pdf, 243 KB]

   ...has notice of the complaint filed in the Tribunal. ASSESSMENT [54] The Registrar relies on cl 1 of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. 1. Negligence, or alternatively breach of cl 1 – 1.1 Provided the complainant with incorrect advice regarding the definition of dependent child under the immigration instructions; 11 1.2 Failed to inform...

7. [2022] NZEmpC 192 E Tū Inc v Rasier Operations BV [pdf, 483 KB]

   ...in a way which recognises and supports the broader legislative purpose, rather than undermines its place within the fabric of society. Section 6, and the satellite provisions conferring minimum entitlements which sit around it, are designed to be protective; to regulate the labour market and ensure the maintenance of minimum standards. They reflect a statutory recognition of vulnerability based on an inherent inequality of bargaining power, that certain workers are unable to adequately p...

8. [2009] NZEmpC AC 44/09 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 22 KB]

   ...the next 7 days. Mr Dunn may then have until 4 pm on Wednesday 23 December 2009 to file and serve a statement of defence to those amended proceedings. The matter can then be set down for a call-over in the new year. Counsel for the parties may care to give some consideration, for economic if for no other reasons, to dealing with the substantive issues by written submissions rather than at a hearing, although to have a hearing is of course their choice. [15] Mr Cruicksha...

9. Taueki v Horowhenua District Council - Horowhenua (11) Lake (2013) 298 Aotea MB 263 (298 AOT 263) [pdf, 187 KB]

   ...provide the trustees with a more direct role in managing their own property. Such a possibility does not seem outlandish in the twenty first century. [13] In any event, it should be obvious to all parties that unless proper legal process is carefully observed regarding any proposed leases or licences, given the history to these and related proceedings, further litigation is probable. Decision [14] The application is adjourned to a chambers hearing on 23 April 2013 at Whanganui...

10. Auckland Standards Committee v Flewitt [2010] NZLCDT 12 [pdf, 23 KB]

    ...lawyers in terms of the subsections of s 242(1). [8] We consider that in particular, while not wishing to minimise the other offending, the frauds on the Legal Services Agency must be given considerable weight. They were carried out with careful premeditation; they involved a breach of trust by a practitioner in a system which relies on honesty and integrity. While Mr Flewitt may say that he did not steal from his clients, he still acted dishonestly in his role as a lawyer, n...