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1. LCRO 200/2016 ZR v FG (29 August 2017) [pdf, 94 KB]

   ...the contractual mechanisms of mediation and arbitration. 2 [4] Mr FG favoured mediation, and Mr ZR instructed Mr FG to propose that. Mr FG did so by serving notice on the builder’s lawyer, who had indicated he was authorised to accept service on behalf of the builder. The parties did not engage in mediation and, although settlement offers were exchanged, the parties did not reach agreement. The parties attended arbitration, as a result of which the arbitrator allowed the...

2. [2023] NZIACDT 19 - BC v Murthy (7 June 2023) [pdf, 120 KB]

   ...now for the Tribunal to determine the appropriate sanctions. BACKGROUND [4] The narrative leading to the complaint is set out in the earlier decision and will only be briefly summarised here. [5] The complainant, a national of Ireland, was in New Zealand on a working visa. [6] Ms Murthy, a licensed immigration adviser, is a director of Immigration Consultancies Ltd, of Auckland. [7] The complainant signed Ms Murthy’s service agreement on 18 September 2020. She agreed to proce...

3. LCRO 208/2016 YH v NS (27 November 2018) [pdf, 156 KB]

   ...the inverse was correct, namely, that the Committee was satisfied Mr NS’s advice was correct. That is not necessarily the case. [28] Mrs YH’s complaint relating to Mr NS’s advice about the effect of the Limitation Act on the proceedings is addressed in issue 2 set out by the Committee in its determination: Did Mr NS provide incorrect advice to Mrs YH in respect of the Limitation Act 1950 in respect of her claim against Mr YH for maintenance payments or in respect of Mr YH’s...

4. [2023] NZEnvC 001 Swap Stockfoods Limited v Bay of Plenty Regional Council [pdf, 3.6 MB]

   ...management of the MMA. While PC13 cannot predict what any future guideline value will be, as far as possible the provisions should provide flexibility to respond to changing regulations and/or guidelines without undue delay. Components of dust addressed in this decision [7] This decision focusses on PM10 as the contaminant of primary concern but, to the extent relevant, it is also applicable to particulates in general. Particulates are defined in PC13 as particulate matter whe...

5. Nguyen v Hu [2016] NZIACDT 24 (16 May 2016) [pdf, 96 KB]

   ...person. Date Issued: 16 May 2016 2 DECISION Introduction [1] The Registrar of the Immigration Advisers Authority referred this complaint to the Tribunal. The facts on which the complaint is based are: [1.1] Immigration New Zealand wrote to Mr Hu explaining his client did not have a current police clearance. [1.2] Shortly after that Mr Hu assisted her to apply for a work visa, it was necessary for her to do so before her visa expired. [1.3] As Mr Hu filed...

6. [2022] NZIACDT 10 - BC v Lawlor (18 May 2022) [pdf, 192 KB]

   ...stage of the disciplinary process when the Tribunal assesses sanctions. BACKGROUND [4] Mr Lawlor is a licensed immigration adviser and director of Lawlor & Associates, of Thames. [5] The complainant is from [Country]. She is resident in New Zealand. Mr Lawlor had successfully acted for the family for some years. The complainant’s brother-in-law and father are both nationals of [Country]. The brother-in-law [6] In the period from 2014 until early 2016, Mr Lawlor was...

7. LCRO Annual Report 2018 [pdf, 270 KB]

   ...year 1 July 2017 to 30 June 2018. The Legal Complaints Review Officer (LCRO) operates under the Lawyers and Conveyancers Act 2006. The primary purposes of the Act are to maintain public confidence in the provision of legal and conveyancing services, and to protect consumers of such services. The specific role of the LCRO is to independently review decisions made by the New Zealand Law Society (NZLS) and the New Zealand Society of Conveyancers (NZSC) Standards Committees on...

8. Director of Human Rights Proceedings v Wellington Advkit Services Ltd (Joinder of Second and Third Defendants) [2015] NZHRRT 11 [pdf, 60 KB]

   ...persons against whom the plaintiff is entitled to relief may join 2 or more persons as defendants with a view to the proceeding determining— (a) which (if any) of the defendants is liable; and (b) to what extent. [21] The current approach in New Zealand to joinder is liberal. See Chan v The Seyip Association of New Zealand Inc [2008] NZAR 37 at [12]. Once jurisdiction is established, joinder is usual. See NZI Insurance Ltd v Hinton Hill & Coles Ltd [Joinder] (1996) 9 PRNZ...

9. Xu v Noon [2014] NZIACDT 113 (16 October 2014) [pdf, 130 KB]

   ...disbursements. An order for payment of the balance of $1,220 will follow. It is an appropriate result given the two elements of non-compliance relevant to the issue. First, the complainant did not have the advice he should have received before agreeing to the services offered, then the fee arrangements were undocumented. [25] He also sought $5,000 in unspecified compensation. It is necessary to relate a claim for compensation to losses with a nexus to findings of professional offending....

10. [2019] NZSSAA 12 (8 March 2019) [pdf, 130 KB]

    ...applications were approved. [19] The Ministry says that the usual procedure when an applicant has washing machine repair costs is to either grant a recoverable advance assistance to cover the repair or offer the appellant an opportunity to purchase a new machine through a preferred supplier at a reasonable price. The price of the new washing machine is granted as a recoverable advance of benefit. [20] The Ministry produced evidence confirming that the appellant has traded as a...