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1. Ward v Maccol Developments Ltd [pdf, 194 KB]

   ...E2 and B2 of the regulations made under the Building Act 1991. [36] The Owners also claim against the First respondent, Maccol in tort. The Owners say at law, Maccol owed them as immediate (and subsequent) purchasers, a non-delegable duty of care as the developer of their property to ensure that proper care and skill was exercised in the construction of the dwellinghouse on the development property. [37] The Owners claim that Maccol breached the duty of care by failing to ex...

2. [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�...

3. 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...

4. 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....

5. 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...

6. 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 (...

7. 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...

8. FS v UR LCRO 247 / 2010 (12 October 2011) [pdf, 95 KB]

   ...Practitioner was subsequently amended to identify the complaints as involving excessive charges and the failure to provide a letter of engagement. The notification letter referred the Practitioner to Chapter 3 of the Rules of Conduct and Client Care, in particular to Rule 3.4 (which required a lawyer to provide a client with information about the client service), and Rule 3.7. which excludes the application of 3 Rule 3.4 where „….the lawyer is instructed by another lawyer...

9. Cations v The Real Estate Agents Authority (CAC 403) [2018] NZREADT 66 [pdf, 244 KB]

   ...to remove the sign, which he did on 27 December 2016. [5] The Committee found that by erecting the sale sign before the Agency Agreement came into effect, Mr Cations breached r 9.6 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), which provides that: Unless authorised by a client, through an agency agreement, a licensee must not offer or market any land or business, including by putting details on any website or by placing a sign o...

10. LCRO 68/2022 YE v AL (23 May 2023) [pdf, 200 KB]

    ...the advice provided to Mr AL when acting for him on the purchase of a property in City A, was unsatisfactory. [2] The Committee found that Mr YE had breached rr 3, 5.3, 6 and 7.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules)1 and that Mr YE had engaged in unsatisfactory conduct as defined by s 12(b) of the Lawyers and Conveyancers Act 2006 (the Act). [3] Mr AL has applied for a review of the Penalty determination issued subsequentl...