Search Results

1. VU v AP LCRO 277/2011 (5 June 2013) [pdf, 50 KB]

   ...the matter had not been looked at. His complaint was that Mr AP had acted on behalf of himself and his wife without their authority or knowledge, and there was also the concern that Mr AP had breached Rule 11.1 of the Rules of Conduct and Client Care.1 [7] Rule 11 deals with proper professional practice. Rule 11.1 states that a lawyer must not engage in conduct that is misleading or deceptive or likely to mislead or deceive anyone on any aspect of the lawyer’s practice. [8...

2. AAD v ZZW LTD [2009] NZDT 9 (9 June 2009) [pdf, 70 KB]

   ...was appointed by both parties to act, and signed an agreement relating to how the costs would be shared. Being a professional appointment, the law would imply into the contract a requirement that AAD carry out her role with reasonable skill and care. [6] The Sharemilkers Agreements Act 1937 also applies. The Schedule to that Act sets out the minimum requirements of any Sharemilking Agreement that must be included to protect the interests of the parties. The Sharemilking Agreement...

3. Tuitupou v Tangilanu [2014] NZIACDT 51 (15 April 2014) [pdf, 121 KB]

   ...work, but she told her clients she had made the request to Immigration New Zealand. She also made up an account of what had happened to the request. [2.3] The adviser’s licence expired. She had still done nothing. She did not take any steps to protect her clients’ interests, or refund fees. [3] The adviser has not challenged the Statement of Complaint, which set out these grounds of complaint. The Tribunal is satisfied the material before it requires that it uphold the complaint in...

4. Toilolo v Letalu [2014] NZIACDT 52 (15 April 2014) [pdf, 129 KB]

   ...client engagement process. [2.3] He did not lodge the appeal, but dishonestly told his client he had done so. [2.4] He did not treat the unearned fee as client funds and instead took the money. [2.5] When his licence expired, he did nothing to protect his client. [3] The adviser has not challenged the statement of complaint, which set out these grounds. The Tribunal is satisfied the material before it requires that it uphold the complaint. The Statement of Complaint [4] The Registr...

5. Auckland Standards Committee No. 2 v Kennelly [2017] NZLCDT 37 [pdf, 290 KB]

   ...to reflect on his fitness to practise or as to bring his profession into disrepute. (s 241(c) of the Act). The charge relates to breaches of s 112(1)(a) and (c) of the Act, breaches of the Trust Account Regulations and of the Conduct and Client Care Rules. Particulars of the charge are annexed as Appendix 1. [2] The Tribunal was satisfied that the respondent’s admission of the charge was appropriate. It granted the applicant leave to withdraw the alternative charges of miscon...

6. LCRO 136/2021 YL v OB (28 February 2022) [pdf, 249 KB]

   ...this element of Ms YL’s complaint, is Rule 3 which provides that in providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care.3 [38] In addressing complaint that he had on occasions failed to respond to specific request made of him, Mr OB in large part, did not take issue with Ms YL’s contention that he had, at times, failed to promptly follow up with reques...

7. Family Court rewrite submission: Human Rights Commission [pdf, 734 KB]

   ...Commission welcomes the opportunity to submit on the consultation paper on “Rewriting the 2014 Family Justice System Reforms”. 2. As described in the background document to this review, the 2014 reforms drew on a range of past reviews which made careful suggestions for family justice system change.1 However, the 2014 reforms were ultimately implemented with a goal of cost saving rather than the sole goal of improving the family law system.2 3. The Panel will have access to signif...

8. LA Request to registrar to vary final Parenting Order - by consent [pdf, 238 KB]

   MOJ0522/02/14 Request to registrar to vary final Parenting Order – by consent 1 Request to registrar to vary final Parenting Order – by consent SECTION 57 – CARE OF CHILDREN ACT 2004 Use this form when ALL parties to a Parenting Order have agreed to vary (change) the existing Order by consent. This means you have all agreed to change the parenting arrangements that are outlined in the existing Order. To help you complete this form, follow the Guidelines document. You may also be e...

9. AAC v ZZX [2012] NZDT 33 (17 August 2012) [pdf, 64 KB]

   ...daughter may not have latched the middle padlock properly. At paragraph 9 of his affidavit, he accepted that he and his daughter failed to make sufficient checks of their fence on the day in question. I consider that ZZX owed a duty to take special care that his dogs could not escape from his fully- fenced section. I am not persuaded that the escape of his dogs had nothing to do with any actions taken by him or his daughter. The failure to make sufficient checks of the fence was...

10. ST v F Ltd NS [2023] NZDT 563 (6 November 2023) [pdf, 179 KB]

    ...with NS. The inadequate installation amounts to a failure under s 28 of the Consumer Guarantees Act 1993 (CGA), which provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. What remedy, if any, should be given to ST? 8. The failure to install the vanity with reasonable care and skill cannot be remedied by completing the installation properly, as the vanity has been damaged by water ingress. ST i...