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1. OL Ltd v TG [2024] NZDT 312 (23 April 2024) [pdf, 168 KB]

   ...the matter to debt collectors on 31 December 2022. CI0301_CIV_DCDT_Order Page 2 of 4 6. The issues to be determined are: • Did TG agree to OL Ltd’s terms of engagement? • Did OL Ltd provide its advocacy services to TG with reasonable care and skill? • If not, what remedy is available to TG? Did TG agree to OL Ltd ’s terms of engagement and are the terms harsh or unconscionable? 7. I find that a contract was formed between TG and OL Ltd which included the terms...

2. LL v U Ltd [2024] NZDT 306 (24 April 2024) [pdf, 201 KB]

   ...by LL for negligence for the loss of the purchase price? (b) If not, Does the Disputes Tribunal have jurisdiction to consider a claim by LL for breach of the Consumer Guarantees Act 1993? (c) If so, did U Ltd provide it services with reasonable care and skill? Does the Disputes Tribunal have jurisdiction to consider a claim by LL for negligence for the loss of the purchase price? 4. LL explained that he purchased sound equipment from a seller advertised on the U Ltd site. 5....

3. [2019] NZEnvC 067 Minister for Children v Auckland Council [pdf, 3.3 MB]

   ...MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 0 " '7 of the Resource Management Act 1991 of a direct referral under s 198E of the Act of a Notice of Requirement by the Minister for Children to alter Designation 3800 'Care and Protection Residential Centre - Upper North' in the Auckland Unitary Plan (Operative in Part) MINISTER FOR CHILDREN Applicant (ENV-2019-AKL-000007) AUCKLAND COUNCIL Regulatory Authority Court: Principal Environment Judge...

4. [2020] NZIACDT 28 - XA v Hill (29 June 2020) [pdf, 208 KB]

   ...for the information being provided to Immigration New Zealand on the residence application. Ms Hill had sent the residence form online to Immigration New Zealand and should have checked the information set out. A diligent adviser exercising due care would have checked any information inserted by a client. The wrongful conduct of Ms Hill was failing to check the details set out were correct at the time she had lodged the residence application. This was a breach of cl 1 of the Code....

5. [2024] NZIACDT 19 – SC v Murthy (21 June 2024) [pdf, 244 KB]

   ...solicitor, prior to filing the application. 3. Failing to recognise that the application was likely futile and to obtain the complainant’s written consent before proceeding. 4. Failing to conduct herself with professionalism, diligence and due care in failing to request the complainant’s previous immigration records and therefore failing to recognise he could not submit another application, in breach of cl 1 of the Code. 5. Failing to recognise that the complainant’s appli...

6. [2020] NZIACDT 30 - DMX v Guich (20 July 2020) [pdf, 113 KB]

   ...calculated the appeal period by relying on an out-of-date hard copy IPT guide. He did not review Immigration New Zealand’s letter setting out the correct appeal period, nor the IPT’s website. These were obvious steps to take. This degree of carelessness or negligence could not be described as minor. A competent, reasonable, prudent and diligent practitioner would not have calculated the appeal period in the way done here. [14] It was found that Mr Guich lacked diligence an...

7. [2023] NZIACDT 7 - EQ v McCarthy (20 March 2023) [pdf, 205 KB]

   ...longer acting for the complainant. It is not known by the Tribunal whether a residence application was filed. Decision of the Tribunal [12] The Tribunal found Mr McCarthy breached numerous provisions of the Code: (1) Failed to exercise due care and diligence in ensuring the second expression was completed correctly and failed to carry out the complainant’s instructions, in breach of cls 1 and 2(e). (2) Failed to inform the complainant that he could not continue to provide...

8. [2021] NZIACDT 7 - IMH v Marica (22 March 2021) [pdf, 218 KB]

   ...Authority upheld the complaint of misleading behaviour. Ms Marica had deliberately concealed from the complainant the error in the immigration consultancy’s record. [17] It was also found that Ms Marica had failed to conduct herself with due care and in a timely manner, in failing to recognise that the visa expiry date on the record was incorrect and hence in not filing the renewal application on time. She should have checked the file record, as the complainant had sent her a...

9. Auckland Standards Committee 1 v Kwon [2024] NZLCDT 44 (11 December 2024) [pdf, 199 KB]

   ...of professional responsibility: misconduct; negligence3; or unsatisfactory conduct? 1 Section 147 Lawyers and Conveyancers Act 2006 (LCA). 2 Section 147, r 8.2(d) and r 10.14.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. (Rules). 3 Section 241(c) LCA. 3 Governing legislation 147 Powers of investigation … (2) For the purposes of any inquiry or investigation being conducted under this Act, a Standards Committee or an investigator...

10. LCRO 28/2021 RW v BD and Law Firm A (3 May 2022) [pdf, 330 KB]

    ...legal executive. The Standards Committee determination [23] The Standards Committee identified four issues arising from Mr RW’s complaint:9 a. Whether Mr BD and/or [Law Firm A] failed to provide in advance and in writing the necessary client care information and information on the principal aspects of client service for the work completed in relation to the purchase of the Property (r 3.4 and 3.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (...