Search Results

1. [2022] NZIACDT 3 - IL v Khetarpal (10 February 2022) [pdf, 140 KB]

   ...failing to advise the complainant that her salary did not meet the threshold in immigration instructions required to support a dependent student visa and failing to file an application in the correct visa category for the son, thereby lacking due care, in breach of cl 1; (2) failing to inform the complainant about the District Court order regarding her licence status, in breach of cl 3(a); (3) failing to inform the complainant and obtain her instructions concerning Immigration NZ�...

2. 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...

3. 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....

4. XT v TT & C Ltd [2024] NZDT 622 (24 July 2024) [pdf, 286 KB]

   ...restrictions I proceeded with the charades to see how a major Insurance company manipulates an individual into making them feel responsible and get them to pay, to the point where I’m now threatened. … The claim against Mr TT Did Mr TT owe a duty of care to Mr XT? 17. The law of tort imposes a duty of care not to cause foreseeable harm to property belonging to another. The applicant has to show that Mr TT owed Mr XT a duty of care, breached the duty, and caused damage. 18. Th...

5. [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   ...calculated the appeal period by relying on an out-of-date hard copy IPT guide.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...

6. [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...

7. [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...

8. 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...

9. 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 (...

10. LCRO 137/2018 A1 v B2 (26 November 2018) [pdf, 158 KB]

    ...concerning conduct on the part of Ms B2. Background [2] Ms A1 and Mr JB are K’s parents. They separated and both formed subsequent relationships. Although the Family Court allowed Mr JB unsupervised overnight contact, Ms A1 continued to care for K and Mr JB felt himself excluded. Mr JB challenged Ms A1 through the Family Court, seeking to extend his involvement in K’s upbringing. The Court appointed a lawyer for K. [3] Ms A1, who was represented by lawyers, latterly Ms LL...