Search Results

1. McConnor v New Zealand Law Society [2024] NZLCDT 13 (16 May 2024) [pdf, 165 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2024] NZLCDT 13 LCDT 024/23 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN JAMES JOHN McCONNOR Applicant AND NEW ZEALAND LAW SOCIETY Respondent CHAIR Dr J Adams MEMBERS OF TRIBUNAL Mr G McKenzie Ms N McMahon Ms M Noble Ms P Walker MNZM HEARING 10 May 2024 HELD AT Specialist Courts and Tribunals Centre, Auckland DATE OF DECISION 16 May 2024...

2. [2010] NZEmpC 9 Smith v Evolution E-Business Ltd [pdf, 36 KB]

   ...Court of the particulars of the breaches alleged and sets out in adequate detail the financial consequences said to flow from those breaches. That statement of claim should be filed and served within 30 days of the date of this judgment. The address for service of Kensington Swan can be used for service on Mr Smith. [27] Mr Smith should then file and serve a statement of defence, which complies with reg 20, within 30 days of the date of service of a statement of claim. From the...

3. NN Ltd v FS [2021] NZDT 1403 (28 April 2021) [pdf, 231 KB]

   ...thought she may not have to pay GST as she lives in [country]. 29. The service provided by NN is not one of the services that is exempt from GST under the law. Therefore NN is obliged to charge all of its customers GST. The contract was formed in New Zealand and the work was carried out in New Zealand and therefore the New Zealand law relating to GST applies. 30. EH denies telling FS she would not have to pay GST because she is not a business. The wording in FS’s email of 15...

4. Kumar v Lepcha [2011] NZIACDT 3 (27 January 2011) [pdf, 75 KB]

   ...adding false information, [3.2] Falsely representing he was acting professionally as an immigration adviser submitting the application, and [3.3] In fact was never engaged by the Complainant, had no authority to add the false information and knew it was false when he added it. [4] The Registrar has referred the complaint as a breach of Clause 1.4, 1.5, 2.1 and 5.2 of the Code of Conduct. The Code having been developed pursuant to section 37 of the Act (published www.iaa.govt.nz)....

5. Brighton v Standing [2012] NZIACDT 43 (24 August 2012) [pdf, 126 KB]

   ...of the complaint. [6] Victoria entered into an agreement to have Mr Standing provide immigration services. The agreement was signed on 13 May 2009. It provided for Mr Standing to assist Victoria with “an application for Permanent Residency of New Zealand.” The fee was $7,500 plus GST of 12.5 per cent. [7] Prior to entering into the agreement, Mr Standing issued an invoice dated 17 April 2009 for $6,055. The invoice included GST, and said this comprised: [7.1] half of the full p...

6. Talanoa v Tangilanu [2015] NZIACDT 63 (19 May 2015) [pdf, 167 KB]

   ...Tangilanu to have written terms of engagement, explain all relevant matters, and have her clients confirm in writing they accepted the terms. The alleged circumstances were: [2.1.1] Ms Tangilanu did not enter into a written agreement regarding the services she was to provide. Her communications were oral, and the complainant did not understand the terms and the services Ms Tangilanu was to provide. [2.1.2] Ms Tangilanu accordingly failed: [2.1.2] To make the complainant aware, in writi...

7. JS v CL LCRO 180/2013 (19 May 2014) [pdf, 84 KB]

   ...The Committee resolved to take no further action on the complaint and Mr JS seeks a review of that decision. Background [2] Mr JS is legally qualified and worked as a lawyer for over eight years before leaving to pursue a career in financial services. His partner’s father (Mr VT) died intestate in mid-2010 after being ill for some time and left “a complicated estate that involved a trust (the ABC Trust), a will rendered invalid through remarriage and a draft will that was n...

8. Notes from Crown Maori Relations hui Rotorua 29 April 2018 [pdf, 433 KB]

   ...processes, o local government need to understand their Treaty settlement obligations and honour them. • Minister for Crown/Māori Relations as an advocate – Several speakers suggested that the Minister could encourage colleagues to deliver services that targeted Māori aspirations and needs and that the Minister could monitor those services and hold Ministerial colleagues accountable for the services they deliver for Māori. • Data and statistics – Two speakers recommend...

9. NH Ltd v NZ [2024] NZDT 159 (26 March 2024) [pdf, 179 KB]

   ...additional concrete for the variation from 100 mm to 150 mm, exclusive of GST. The invoice for $30,111.60 was correctly based on this pricing. Was the driveway constructed with reasonable care and skill, and was it fit for the purpose? 5. Where services are supplied to a consumer, the Consumer Guarantees Act 1993 (CGA) applies. CGA s 28 provides that there is a guarantee that the service will be carried out with reasonable care and skill. CGA s 29 of the CGA provides that services must b...

10. [2018] NZEmpC 3 Kazemi v Rightway Ltd [pdf, 221 KB]

    ...remains an open question (of law) as to whether general damages are available to address any such breach. The position was described in the following way by Chambers J in New Zealand Tramways and Public Passenger Transport Union Inc v Mana Coach Services Ltd:6 [75] … [It] is by no means clear what remedies are available for a breach of the duty of good faith. Obviously penalties are available but only in limited circumstances: see s 4A. A breach might also lead to a compliance...