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1. IE v X Ltd [2024] NZDT 587 (12 August 2024) [pdf, 262 KB]

   ...it accepts that a solicitor who drafted the EPA made errors, it does not consider that these errors are the cause of IE’s loss. 3. The issues to be considered are: a. Did X Ltd owe a duty to provide advice to IE with reasonable skill and care? b. Did X Ltd breach that duty by providing incorrect advice? c. Are the losses claimed a consequence of that incorrect advice? d. If so, how much compensation should be awarded against X Ltd? Did X Ltd owe a duty to provide advice...

2. Govind v Chandra [2018] NZIACDT 46 (15 November 2018) [pdf, 260 KB]

   ...[11] In a decision of the Health Practitioners Disciplinary Tribunal (HPDT), Re Tolland, the HPDT observed:1 Negligence, in the professional disciplinary context, does not require the prosecution to prove that there has been a breach of a duty of care and damage arising out of this as would be required in a civil claim. Rather, it requires an analysis as to whether the conduct complained of amount to a breach of duty in a professional setting by the practitioner. The test is whether o...

3. Family violence information sharing guidance [pdf, 3.4 MB]

   ...is safe to do so 12 A. What if I can’t get consent? 12 B. When should I tell a person that I have shared their information? 13 C. Who can I share with if I do have consent? 13 Principle 3: You must consider sharing information if you think it will protect a victim or if you receive a request 14 A. Why is there a duty to consider sharing? 14 B. Why is sharing not compulsory? 14 Principle 4: You can share information for specific purposes 16 A. How do I request information? 16 B. How do...

4. Sharing Information Safely [pdf, 3.4 MB]

   ...is safe to do so 12 A. What if I can’t get consent? 12 B. When should I tell a person that I have shared their information? 13 C. Who can I share with if I do have consent? 13 Principle 3: You must consider sharing information if you think it will protect a victim or if you receive a request 14 A. Why is there a duty to consider sharing? 14 B. Why is sharing not compulsory? 14 Principle 4: You can share information for specific purposes 16 A. How do I request information? 16 B. How do...

5. [2023] NZREADT 9 – Complaints Assessment Committee 2108 v O’Brien & Wildman (28 April 2023) [pdf, 247 KB]

   ...the Act, in that he engaged in seriously negligent or incompetent real estate agency work and/or wilfully or recklessly contravened any or all of rr 5.1, 5.2, 6.2, 6.3, 6.4 and/or 9.6 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). 2. In the alternative, he engaged in unsatisfactory conduct. Particulars 1. By offering and/or marketing the property for sale without an agency agreement, in breach of r 9.6. 2. By failing to ensure a...

6. LCRO 149/2020 WM v VE and DP (14 December 2021) [pdf, 361 KB]

   ...shareholders/directors rejected mediation. He “accepted” that having acted for the company, the firm could not act for a prospective purchaser, including a shareholder. He said the firm’s role would be confined to advising the company about protecting its interests concerning the proposed restructure. [12] In response on 14 October 2019, Dr WM’s lawyer demanded the firm “forthwith cease acting” for the company. He said Dr WM intended laying a complaint with the Law So...

7. [2021] NZIACDT 7 - IMH v Marica (22 March 2021) [pdf, 218 KB]

   ...immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice. [39] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:4 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish...

8. [2024] NZIACDT 08 - MT v Murthy (21 February 2024) [pdf, 127 KB]

   ...professional standards. The magnitude and reach of such disregard or inattention is aggravated and broadened by her past instances of misconduct. [11] The Tribunal’s attention is drawn to s 3 of the Act, setting out the purpose of the Act, namely protecting the interests of consumers. This is a key purpose of sanctions. [12] It is submitted that the wrongdoing could be described as being towards the higher end of the moderate level. Ms Murthy’s conduct is disquieting. She ha...

9. Factsheet: Child protection policies for counsellors [pdf, 35 KB]

   ...also ensure that children’s agencies work together to improve the well-being of vulnerable children. The legislation introduced the requirement for: • A vulnerable children’s plan • Safety checking and the workforce restriction • Child protection policies The new measures are being phased in over several years and in some cases, these initiatives bring in new requirements for various agencies, organisations and roles. The Ministry of Justice has specific implementation...

10. OIA-109856.pdf [pdf, 1.6 MB]

    ...(GETS) website. o • Family violence programmes eligibility criteria: o Non-violence programmes are for respondents to protection orders and for defendants to charges of family violence offending. o Safety programmes are for individuals who are protected by a protection order, or have applied for an urgent protection order, but the order has not yet been granted. o Strengthening safety services is a more focused, individual assessment for adult victims of family violence offences in the...