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1. Rao v Singh [2012] NZIACDT 81 (18 October 2012) [pdf, 90 KB]

   ...about Mr Singh’s failure make the appropriate applications and advise her and her family of their situation. In addition, she wanted her family’s personal documents to be returned by Mr Singh. [2.5] Mr Singh systematically failed to act with care, diligence and professionalism. He failed to commence his engagement in accordance with the Code of Conduct, failed to provide advice, and did not keep personal documents secure. [2.6] In short, there was a comprehensive failure to meet m...

2. Appendix-A1-NZEAN-Legislation-Changes-Requests-2.pdf [pdf, 188 KB]

   ...directs that the Minister in making or recommending a rule, must have regard to, and give such weight as the Minister considers appropriate to whether the proposed rule …  ○ assists economic development,  ○ improves access and mobility, ○ protects and promotes public health and\or ○ ensures environmental sustainability. Each of the items listed above are applicable to the current detrimental effects of this rule on the horse riding public. Please change current Road Legislatio...

3. Graves v CAC 2003 & Langdon [2012] NZREADT 41 [pdf, 32 KB]

   ...listing agreement which imposed unfair conditions on sellers to such an extent that the listing agreement is in breach of s.131 of the Real Estate Agents Act 2008 (about right to cancel after 90 days) and r.9.12 of the Professional Conduct and Client Care Rules 2009 (an agency agreement is not to contain conditions which are not reasonably necessary to protect the interest of the agent). [6] The complainant included with his complaint a copy of an agreement dated 6 December 2010, enter...

4. LCRO 99/2017 WH v Area SC [pdf, 95 KB]

   ...commenced own-motion inquiries to consider conduct on the part of Mr WH and Mr BZ. NZLS was concerned about a potential 3 breach of security for client files based on rr 8 and 8.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules), which impose duties on lawyers to indefinitely protect and hold client information in strict confidence. [14] Mr WH took steps to avert [Storage Company] destroying files, and undertook to NZLS that he w...

5. BORA Border Processing (Arrivals and Departures) Levy Bill [pdf, 302 KB]

   ...sustainable funding arrangements for MPI and Customs, and to ensure that border-processing costs are borne by those who directly benefit or give rise to the associated risks. More broadly, the Bill aims to ensure that New Zealand’s interest in protecting its borders is upheld. 5. In the case of both Acts, the Bill’s levy provisions are supported by a compliance audit regime intended to ascertain the extent to which those responsible for paying or collecting the levy are doing so; th...

6. Appendix-M3-NZEAN-Legislation-Changes-Requests-.pdf [pdf, 181 KB]

   ...directs that the Minister in making or recommending a rule, must have regard to, and give such weight as the Minister considers appropriate to whether the proposed rule …  ○ assists economic development,  ○ improves access and mobility, ○ protects and promotes public health and\or ○ ensures environmental sustainability. Each of the items listed above are applicable to the current detrimental effects of this rule on the horse riding public. Please change current Road Legislatio...

7. Information Sharing Agreement between the Ministry of Justice and the Crown Law Office [pdf, 165 KB]

   ...non-Crown alike) pursuant to section 185 of the Criminal Procedure Act 2011. Suppression orders in criminal prosecutions do not prevent reporting the prosecution to the Solicitor-General. Suppressed information held by CLO is subject to the safeguards to protect privacy as set out below. Exemptions from Information Privacy Principles 13. Under this Agreement, exemptions from Information Privacy Principles 2 and 11 which are set out in section 6 of the Privacy Act 1993 are made (by...

8. Chaiyapoom v Hu [2015] NZIACDT 11 (26 February 2015) [pdf, 127 KB]

   ...out in the substantive decision. The Parties’ Positions on Sanctions [6] Mr Hu provided submissions on sanctions. He said the employee was acting as an interpreter, so the Tribunal should not have found he failed to perform his services with due care, diligence, respect and professionalism. He also challenged the Tribunal’s findings regarding his failure to maintain professional business practices relating to finances and staff management. The submissions do not engage with the reas...

9. BORA Misuse of Drugs Amendment Bill (No3) Supplementary Order Paper [pdf, 101 KB]

   ...a regulation-making power would be interpreted consistently with the Bill of Rights Act (as required by section 6 of the Bill of Rights Act) to authorise the making of regulations that provided underlying reasonable limits on any right or freedom protected by the Bill of Rights Act. 11. New sections 47(4) and 65(2) provide that Orders in Council and Regulations may limit the Bill of Rights Act in terms of section 14, the right to freedom of expression, and section 19(1) in relation to a...

10. Jackman v CAC 10100 & Raos [2011] NZREADT 31 [pdf, 152 KB]

    ...property and is the use of misinformation to enrich both the vendor and the licensee (real estate agent) at the expense of a buyer. It is put that the advertisement is a breach of Rule 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 which prohibits licensees from misleading customers or clients, or providing false information, or withholding information which should by law or fairness be provided a customer or client. [5] It is accepted that at th...