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1. [2015] NZEmpC 228 NZ Meat Workers Union Inc v South Pacific Meats Ltd and Talley [pdf, 177 KB]

   ...depend exclusively on the claimant’s word is to be avoided. If difficulties were to arise in this regard, they could no doubt be overcome by allowing the witness to make a submission or give evidence wholly or partially in camera, or under the protection of an undertaking that no use would be made of the statements outside the proceedings in which they were given. This possibility is envisaged by s 52(4)(a). [34] I have omitted the numerous footnote references in the foregoing p...

2. LS v TD LCRO 298/2012 (10 December 2014) [pdf, 82 KB]

   ...were unable to be fulfilled. If that were the 10 case, his subsequent conduct has compounded the potential problems that may arise from this. [52] Mrs LS asserts that Mr TD has breached rules 2, 7, 11, and 11.1 of the Conduct and Client Care Rules.18 [53] Rule 7 provides: I am not sure that rule 2 is applicable, but I agree that rules 7, 11 and 11.1 are. I also consider that rule 10 is applicable. Disclosure and communication of information to clients 7 A lawyer...

3. Hakaraia - Part Raetihi 2B2C3C2A1 (2007) 183 Aotea MB 2 (183 AOT 2) [pdf, 3 MB]

   ...subject land was one security item in a list, you know. Mr Takarangl: Okay. Mr Nash tells me, Sir, that that was a nominee company loan that was registered against this title. It's in the historical search Sir. I actually spotted that and was careful to make sure that that mortgage had been discharged in an earlier title. Court: I see. So in essence what you're saying is as far as you are aware this wasn't a loan from a bank. Mr Takarangi: No it wasn't. Mr Jeremy...

4. [2019] NZREADT 42 - He v CAC 403 (9 October 2019) [pdf, 439 KB]

   ...as the price and the date when they would be required to pay on the settlement date. That last question in turn was tied up with the question of when titles were likely to issue. [25] It was the obligation of the licensee to provide reasonably careful and honest advice on these matters at the point where the parties signed the agreement. The question is whether Mr He breached that obligation. 5 BD 118 [26] It would have been o...

5. [2012] NZEmpC 179 Drader v Chief Executive of the Ministry of Social Development [pdf, 189 KB]

   ...were entirely out of character. [84] I reject Mr Quarrie’s submission that the defendant ought to have been aware of this and to have enquired into it, for the reasons I have given. Also there is evidence that Mr MacPherson did try, in a very caring manner, to ascertain the true reasons for the plaintiff’s actions. He did this on 14 February 2011 without success and without obtaining any clues that might have given him pause to consider whether the plaintiff was traumatised o...

6. S B v Atia [2018] NZIACDT 4 (19 February 2018) [pdf, 310 KB]

   ...receiving immigration services from a lawyer has a fiduciary relationship, and does not have that when receiving the same services from a licensed immigration adviser. Section 3 of the Act provides the purpose of the Act is “to promote and protect the interests of consumers receiving immigration advice”; that is a purpose it does achieve by demanding professionalism from licensed immigration advisers. [41] The Sims case concerned whether a transaction was valid given a breach...

7. [2021] NZEnvC 192 Northport Limited v Whangarei District Council [pdf, 1.5 MB]

   ...adaptation to any future changes to the port operation, the CMA occupied space and the range of activities. It is difficult to see that there is any current difficulty for Northport beyond ensuring they minimise noise and the possible need to carefully examine the activities that may occur if Berth 4 is constructed to ensure that they do not exceed the night time limits. Nevertheless, we are not satisfied that there is any clear evidence that increased noise levels must occur....

8. Complaints Management Policy [pdf, 624 KB]

   ...becomes aware of a complaint and notifies the provider, the Ministry expects that the provider will promptly respond to the complaint. The timeframes are detailed below. References: • Lawyers and Conveyancers Act (Lawyers: Conduct and Participant Care) Rules 2008, rule 8.4 • Legal Aid Provider Contract • Privacy Act 2020, section 22 • Official Information Act 1982 Complaint sources Complaints about provider conduct may arise from a number of sources, including the follow...

9. Legal Aid Complaints Management Policy [pdf, 633 KB]

   ...becomes aware of a complaint and notifies the provider, the Ministry expects that the provider will promptly respond to the complaint. The timeframes are detailed below. References: • Lawyers and Conveyancers Act (Lawyers: Conduct and Participant Care) Rules 2008, rule 8.4 • Legal Aid Provider Contract • Privacy Act 2020, section 22 • Official Information Act 1982 Complaint sources Complaints about provider conduct may arise from a number of sources, including the follow...

10. [2022] NZIACDT 27 - ZK v Li (8 November 2022) [pdf, 212 KB]

    ...Failing to recognise that the complainant’s remuneration did not meet immigration instructions and the residence visa application was likely to have little or no hope of success. Breaches of the Code (2) Failing to exercise diligence and due care in not discussing concerns about the remuneration with the complainant prior to lodging the residence visa application, in breach of cl 1. (3) Failing to advise the complainant that in his opinion the residence visa application ha...