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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22149
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I was actually just looking at an answer to a question that

Customer Question

Hi Pearl, I was actually just looking at an answer to a question that caught my eye. But anyway, I'm the President of a Gymnastics Club in NZ (voluntary) and our now ex-treasurer has carried out some major negligence which was only discovered in May of this year (I acted on a hunch). He had either not filed, or not paid or did not correct any PAYE returns for at least two years. IRD were about to section our bank account. That was just the beginning of the rest of the mess. Can we sue a volunteer for negligence in NZ? The Treasurer was a volunteer.
JA: Sometimes getting accurate legal information is crucial. Consider this one of those times. Fortunately, the attorneys we work with excel at answering questions, and I excel at matching you with the best fit. Have you talked to a lawyer yet?
Customer: Not yet - this was the first step in finding out what we should or shouldn't look at.
JA: Anything else you think the lawyer should know?
Customer: The only other thing to note - he lied about getting Audited Accounts for the club - he came up with quite a number of unusual reasons for why our Accounts weren't audited. He hasn't actually committed fraud (as in taken any money). He also made promises to IRD that he couldn't make on behalf of the Gymnastics Club (thankfully IRD have been really good about this) and he also made promises to GymSports NZ too our major affiliate. I think that's the main things.
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Submitted: 3 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 3 months ago.
If he was a volunteer then it is more difficult. But if he owed the club a duty of care, which appears likely, then any losses which result from a breach of the duty can be sued for. The issue is the difference on duty of care between a volunteer and a paid professional. But nonetheless he is likely to be liable

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