Search Results

1. Prasad v Devi [2014] NZIACDT 88 (15 September 2014) [pdf, 182 KB]

   ...adviser wholly failed to engage with Immigration New Zealand’s concerns when they raised issues around the apparent inconsistencies between the applications lodged by her and that which had previously been lodged by the complainant. Her conduct lacked care, diligence and professionalism. She breached clause 1 of the Code of Conduct. [3] The second ground of complaint the Tribunal upheld was a breach of clause 1.1(c) of the Code of Conduct. That clause required the adviser to “take re...

2. Auckland District Law Society v Parlane [2010] NZLCDT 26 [pdf, 81 KB]

   ...Parlane was found guilty in respect of conduct involving disrespectful and discourteous comments to a self-represented person in a fencing dispute with a person represented by Mr Parlane. The conduct breached Rule 12 of the Conduct and Client Care Rules 2008. Penalty Issues [7] For the Standards Committee, which assumed responsibility for disciplinary matters from the Complaints Committee of the Waikato Bay of Plenty District Law Society under the Lawyers and Conv...

3. Auckland District Law Society v Parlane [2010] NZLCDT 26 [pdf, 110 KB]

   ...Parlane was found guilty in respect of conduct involving disrespectful and discourteous comments to a self-represented person in a fencing dispute with a person represented by Mr Parlane. The conduct breached Rule 12 of the Conduct and Client Care Rules 2008. Penalty Issues [7] For the Standards Committee, which assumed responsibility for disciplinary matters from the Complaints Committee of the Waikato Bay of Plenty District Law Society under the Lawyers and Conv...

4. BORA Hurunui/Kaikōura Earthquakes Recovery Bill [pdf, 197 KB]

   ...into question in any Court. 6. Judicial review is an essential mechanism for maintaining the rule of law. The right to apply for judicial review should therefore be limited only in the rarest of situations where there is compelling reason and after careful consideration. 7. We have also taken into account the extraordinary circumstances the Bill seeks to address and the safeguards included in the Bill. 8. In our view, the justifications for the limit imposed on the right to judicial r...

5. O'Connor v MacDee McLennan Construction Limited [2011] NZWHT Auckland 67 [pdf, 156 KB]

   ...paint began to peel. THE ASSESSOR’S REPORT [17] The claimants lodged a claim with the WHRS on 21 April 2008. [18] The assessor found that the house leaked: 15.2 Where and why does it leak? 15.2.1 Joinery transitions – no protective flashings or in seal – insufficient head flashing detail – in variance with manufacturer’s specifications. 15.2.2 Flat topped balustrade – no protective flashings or slope – in variance with specifications and plans. 15...

6. BORA Coroners Amendment Bill [pdf, 297 KB]

   ...into question in an inquiry by requiring the coroner to notify them of their right to be represented, and to cross-examine witnesses, at an inquest. 5. The Bill will remove the requirement for a mandatory inquest into deaths in official custody or care, and clarifies a person may report a death that occurred overseas if the body is in New Zealand and the person has concerns about how overseas authorities responded to the death, but that there is no requirement to do so. 6. The Bill pr...

7. Gupta v Dhar [2016] NZIACDT 65 (4 October 2016) [pdf, 208 KB]

   ...information. [2] The Registrar raised three potential grounds of complaint: [2.1] Mr Dhar did not have a written agreement for providing the professional services; [2.2] He did not prepare the work and residence visa applications with adequate care; and [2.3] He did not keep proper records. [3] Mr Dhar did not dispute the essential facts. However, he said the complainant was not a client so he did not need a written agreement, he did take care with the applications and some of...

8. BORA Public Health Bill [pdf, 617 KB]

   ...of the issues raised under the Bill of Rights Act and notes, where relevant, the justificatory material in each instance. SUMMARY OF THE BILL OF RIGHTS ACT ISSUES 6. The Bill updates the public health legislative regime to improve, promote and protect public health and help attain optimal and equitable health outcomes for all population groups in New Zealand. Section 8 – Right not to be deprived of life 7. The Bill sets out the powers and procedures for setting priorities and c...

9. TG v NP LCRO 190 / 2011 (1 February 2013) [pdf, 139 KB]

   ...NP appropriately invoiced CCC for fees owing and CCC paid her the $99.42 remaining in the trust account. The Committee considered that CCC was obliged to make this payment, both under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and in accordance with TG’s instruction that it be used to pay such fees. It concluded that there was no evidence of wrongdoing on the part of NP or CCC. Failure to provide obligatory information This complaint refers t...

10. Keven Investments Limited v Arthur [2011] NZWHT Auckland 45 [pdf, 135 KB]

    ................................. 15 Clearance between base of cladding and balcony surfaces ..................... 16 Conclusion ................................................................................................ 18 DOES MR SIMPSON OWE KEVEN A DUTY OF CARE ............................. 18 INTRODUCTION [1] In June 2007 Keven Investments Limited (Keven) bought a property at 38 Wakelin Road, Beachlands from Philip and Roberta Montgomery and Brian Bramwell....