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1. 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...

2. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

   ...inspected the dwelling the weather was fine and there was little wind, but the site was exposed and I can certainly appreciate that it would be subject to high winds and driving rain at times. 13 [35] I was able to undertake a close and careful inspection of the dwelling both inside and out and, as a result, I gained a clear appreciation of the type of construction which is unique. I was able to see for myself what was meant by the term log extensions which are a very signif...

3. Oversight of Oranga Tamariki System and Children and Young People’s Commission Bill [pdf, 245 KB]

   ...through the Oranga Tamariki system by providing an Ombudsman with additional duties and powers when dealing with matters that fall under the Ombudsman Act 1975 (the Ombudsman Act) and relate to services or support delivered by Oranga Tamariki or care or custody providers. 9. The Bill repeals the Children’s Commissioner Act 2003 and replaces it with the Children and Young People’s Commission, which will largely inherit the duties, functions and powers currently held by the Child...

4. National Standards Committee v Orlov [2013] NZLCDT 45 [pdf, 390 KB]

   ...in s.4 also affirms the fundamental obligation of a lawyer to act in accordance with all fiduciary duties and duties of care owed to clients. It is therefore appropriate to interpret the respective provisions in a way which is consistent with the protection of consumers of legal services, and the provision of a responsive and expeditious complaints process.” [44] We would add to that that a further interpretative aid resides in “Fundamental obligations of lawyers” set out in s 4...

5. RQ & Anor v MZ LCRO 127 / 2011 (2 October 2012) [pdf, 108 KB]

   ...existed between them and RS. In adopting this view they disregard the fact that MZ acted for the Trust and that his duties and obligations extended primarily to the Trust. [22] In this regard, it is helpful to refer to the Conduct and Client Care Rules1 to provide an understanding of MZ’s obligations to his client. Rule 4.2. A lawyer who has been retained by a client must complete the regulated services required by the client …. Rule 5. A lawyer must be independent and fre...

6. Waikato Bay of Plenty Standards Committee 1 v Dhillon [2023] NZLCDT 5 (21 March 2023) [pdf, 123 KB]

   ...creates a general prohibition against in-house lawyers providing regulated services to the public. It ensures lawyers who provide regulated services to the public are either qualified to do so on their own account or supervised as an employee. Public protection, not privity of contract, is the decisive concern; a point the Tribunal has itself made: …section 9 addresses concerns where an employed lawyer acting outside that employer might, for example, lack supervision by an experie...

7. [2020] NZIACDT 52 - TBE v Proudman (4 December 2020) [pdf, 202 KB]

   ...sought, until he contacted Immigration New Zealand himself two days later, on 23 September 2018. [13] Ms Proudman’s advice to the complainant concerning the eligibility of his daughter was found to have been neither diligent nor given with due care. Nor did she notify him of the decline of the visa application in a timely manner. Her updates were unprofessional and dishonest. These were breaches of cl 1 of the Licensed Immigration Advisers Code of Conduct 2014 (the Code). Fu...

8. BORA Credit Contracts and Financial Services Law Reform Bill [pdf, 165 KB]

   ...The policy objective of the Bill is to revise and update the law that governs consumer credit and broader financial markets so that it: • ensures creditors lend to consumers and manage consumer credit contracts responsibly • provides improved protection for vulnerable consumers, including from unscrupulous lenders • provides for consumer credit law to be dealt with holistically in one Act, and is consistent with other financial sector legislation, and • promotes and facilita...

9. [2018] NZEnvC 027 Kumeu Property Limited v Auckland Council [pdf, 17 MB]

   ...be filed within a further ten working days. Any reply within a further ten working days, is to coincide with the final filing of the consent. REASONS Introduction [1] Kumeu Property Limited (the Appellant) is seeking to establish a supported care facility on a property adjacent to the corner of Taupaki Road and State Highway 16 in the Auckland rural area within the Countryside Living zone . [2] It is one of the first cases to be considered under the largely operative provisions...

10. International Covenant on Civil and Political Rights - 5th report [pdf, 386 KB]

    ...Zealand meets international human rights standards in many respects, and often surpasses them. Although New Zealand is not flawless, the report [Human Rights in New Zealand Today] shows that we have most of the elements essential for the effective protection, promotion and fulfilment of human rights: democracy, the rule of law and an independent judiciary free of corruption; effective structures of governance; specific processes for human rights and other forms of accountability; recogniti...