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1. Canterbury Westland Standards Committee No. 1 v Grave [2016] NZLCDT 8 [pdf, 62 KB]

   ...outweigh the public interest in an open process without strong reason. The brief medical evidence provided is not sufficiently strong enough to displace the onus and we must also have regard to our decisions in similar cases such as Hart5 and Eichelbaum.6 [43] The application for permanent name suppression is declined however, as signalled to Mr Grave, the interim name suppression order will remain in place until the expiry of the appeal period in this matter. Referral to Regis...

2. National Standards Committee 2 v Paulson Wilson [2021] NZLCDT 16 (14 May 2021) [pdf, 177 KB]

   ...qualities, the public may lack confidence in the profession as a whole. A candidate in Australia was refused admission because of a lack of “appropriate professional judgement and discretion.” In New Zealand, in a case regarding a valuer, “Eichelbaum CJ reviewed the concept of professional misconduct generally and noted that across all professions the key element is whether the practitioner’s conduct has shown some degree of unfitness to practise.””4 These are comments equ...

3. Toiloloi v Letalu [2014] NZIACDT 93 (18 September 2014) [pdf, 193 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

4. Wellington Standards Committee 1 v Mr V [2023] NZLCDT 6 (21 March 2023) [pdf, 144 KB]

   ...or conduct at the very serious end of the scale. [17] A useful summary of the authorities and principles on “misconduct” is contained in the decision of this Tribunal in O’Boyle:9 [82] … In New Zealand, in a case regarding a valuer, “Eichelbaum CJ reviewed the concept of professional misconduct generally and noted that across all professions the key element is whether the practitioner's conduct has shown some degree of unfitness to practise.” [83] Considering the t...

5. NQE v Tan [2013] NZIACDT 46 (01 August 2013) [pdf, 131 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

6. Wiezoreck v McHugh [2013] NZIACDT 49 (9 August 2013) [pdf, 128 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

7. Dyall v CAC 403 & Lantz [2016] NZREADT 41 [pdf, 107 KB]

   ...9 See Sherburn v REAA [2012] NZREADT 33, at [16]; Fielding v NZREAA [2012] NZREADT 10, at [7]; referring to Kacem v Bashir [2011] 2 NZLR 1(SC) at [32]. 10 See Adams v REAA NZREADT 34, at [23]-[24]. 11 See Eichelbaum v REAA [2016] NZREADT 3, at[35]-[36]. [2016] NZREADT 41 - Dyall _____________________ Hon P J Andrews Chairperson _____________________ Mr G Denley Member _____________________ Ms C San

8. Afemui v Tangilanu [2014] NZIACDT 94 (01 October 2014) [pdf, 199 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

9. Waikato Bay of Plenty Standards Committee 1 v Jacobsen [2021] NZLCDT 18 (25 May 2021) [pdf, 186 KB]

   ...qualities, the public may lack confidence in the profession as a whole.6 A candidate in Australia was refused admission because of a lack of “appropriate professional judgement and discretion.”7 In New Zealand, in a case regarding a valuer, “Eichelbaum CJ reviewed the concept of professional misconduct generally and noted that across all professions the key element is whether the practitioner’s conduct has shown some degree of unfitness to practise.”8 [29] In the Austr...

10. [2023] NZREADT 6 - NQ v Real Estate Agents Authority (CAC2104) (4 April 2023) [pdf, 289 KB]

    ...it is what it 1 Nottingham v Real Estate Agents Authority [2017] NZCA 1 at [81] & [83]. 2 Dragicevich v Martinovich [1969] NZLR 306 (CA) at 308–309, Moseley v Real Estate Agents Authority (CAC 1907) [2021] NZREADT 19 at [59]–[60]. 3 Eichelbaum v Real Estate Agents Authority (CAC 303) [2016] NZREADT 3 at [49] & [51]. 7 does not say that is of great concern to him. As for the statement from the witness, that person, like himself, did not hear the alleged call of...