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1. Complaints Assessment Committee 412 v Grewal, Preet & Co Real Estate Limited, Voordouw and Mason [2018] NZREADT 70 [pdf, 215 KB]

   ...Agency. Having been made aware that $1 million had been transferred out of the trust account, there were no grounds on which he could reasonably have relied on the Agency’s administrative staff. [56] We have taken Mr Voordouw’s guilty plea on the charge relating to the trust account reconciliations into account, and have concluded that the starting point for the fine in respect of Mr Voordouw must be $8,000. [57] In respect of Mr Mason, we consider the fine in respect of...

2. [2018] NZEmpC 100 Elisara v Allianz NZ Ltd [pdf, 303 KB]

   ...4 Guardian Royal Exchange Assurance of New Zealand v Stuart [1985] 1 NZLR 596 at 607 (CA). 5 Regulation 45. 6 Regulation 46. [17] One of the cornerstones of the defendant’s argument as to disclosure relates to relevance. The pleadings provide the framework for assessing relevance; and relevance itself is defined in speculative (“may support”) rather than definitive (“must support”) terms. There are limits, and the concept of relevance cannot be extended b...

3. Justice Matters - issue 16 - October 2019 [pdf, 4.6 MB]

   ...This is an issue that has been driven and led by New Zealand based on recent breaches of suppression orders in a high profile case. The importance of recognising suppression orders is a major one. No person or organisation is above the law. I am pleased at the initial commitments made by our counterparts in the UK, Canada, and Australia at July’s five-country ministerial meeting in London. On another tack, Parliament recently passed a piece of legislation, again delivered by the Just...

4. Reid v ACC [2015] NZACA 11 [pdf, 65 KB]

   ...serious injury and disability, has exhibited a fierce determination to get on with life and be as independent as he could possibly achieve. It is apparent that he did so with inadequate assistance from the Corporation for many years. Dr Haywood’s plea to the Corporation was for greater assistance with home help and aids of various types, but not for attendant care as such. Conclusion [65] I conclude that the Corporation’s decision declining attendant care was correct. Most of th...

5. [2020] NZSAAA 1 (3 February 2020) [pdf, 293 KB]

   ...Secretary, the only live issue on this appeal is whether the reg 20(7) discretion should nevertheless be exercised in her favour out of what she describes as “compassion” for the “unusual (abnormal)” nature of her case. In support of this plea she describes in some detail the ongoing impact of the accident and its aftermath on her ability to study and to discharge her clinical responsibilities over the whole period of her medical studies. It is unfortunate that neither the Secret...

6. [2024] NZREADT 20 CAC2108 v Leading Edge Properties Ltd (25 June 2024) [pdf, 237 KB]

   ...or seriously incompetent real estate agency work. [23] It was alleged by the Committee that Leading Edge breached the Audit Regulations over three financial years, ending 31 March 2019, 31 March 2020 and 31 March 2021. [24] Leading Edge has pleaded guilty to the amended charge and it has admitted that its conduct that is the subject of the charge constitutes seriously negligent or seriously incompetent real estate agency work. [25] Complaints Assessment Committee 20003 v Jhagroo...

7. [2020] NZREADT 18 - Hilliam [pdf, 177 KB]

   ...engaging in one- on-one training. We also take into account that Mr Hilliam has been open about his conduct from the time of the complaint, and co-operated with the prosecution of the charges, by agreeing a statement of facts and entering guilty pleas. [55] However, we accept Mr Mortimer’s submission that Mr Hilliam’s breaches were of fundamental obligations, such as of openness with clients, and not being in a conflict of interest, that should be self-evident, and not dep...

8. [2021] NZREADT 42 - Complaints Assessment Commitee v Vulinovich (6 August 2021) [pdf, 259 KB]

   ...[27] Mr Sugrue acknowledged that there are differences between the present case and Prasad and Mairs. The first is the presence of personal mitigating factors: Mr Vulinovich has admitted his conduct, expressed remorse, and entered a guilty plea at an early stage, whereas both Ms Prasad and Mr Mairs maintained their dishonesty throughout the proceeding. Further, Mr Vulinovich was co-operative and constructive with the investigation, as evidenced by his willingness to negotiate a...

9. Jury-Trials-Timeliness-cabinet-material_FINAL.pdf [pdf, 399 KB]

   ...consult is enabling flexibility in the timing of jury election. More defendants are electing jury trial to preserve their options 27 Currently, a defendant charged with a category 3 offence must decide whether to elect a jury trial at the time they plead not-guilty. This is usually required by their second appearance, a very early stage of a criminal prosecution. 28 The Ministry of Justice has been advised by the Public Defence Service, Crown Law, legal professional bodies and some prose...

10. [2024] NZREADT 35 – CAC 2108 v Barfoot Thompson (20 September 2024) [pdf, 143 KB]

    ...process. [26] Ms Chen, Ms Zeng, Mr Smith, Maxwell House, and Graham Crews filed briefs of evidence. Submissions were filed by the Committee on 20 February 2024 and on behalf of Barfoot Greenlane on 27 February 2024. [27] Barfoot Greenlane has pleaded guilty to the amended charge and it has admitted that its conduct that is the subject of the charge amounted to unsatisfactory conduct under s 72(b) of the Act. [28] It was agreed by the parties (and reflected in the agreed statement...