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1. NQE v Tan [2013] NZIACDT 46 (01 August 2013) [pdf, 131 KB]

   ...neither insight, nor a determination to rehabilitate herself. [46] I am accordingly satisfied alternative disciplinary sanctions would not be sufficient to cause Ms Tan to accept and maintain professional standards. The public will only be adequately protected, and the objectives of the Act achieved, by cancelling her licence. [47] I have considered whether allowing Ms Tan to hold a provisional licence, after establishing a regime of appropriate supervision, is an option. I am satisfi...

2. Wiezoreck v McHugh [2013] NZIACDT 49 (9 August 2013) [pdf, 128 KB]

   ...the Tribunal is required to weigh the public interest against Ms McHugh’s interests. [38] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [39] A significant factor in this case is that it involves dishonesty....

3. Auckland Standards Committee 2 v Gardner [2017] NZLCDT 17 [pdf, 203 KB]

   ...is nothing inherently wrong with the trust model but argued that the trust wasn’t drafted correctly. First it did not achieve the aim of the instructions in that it was not fixed. Secondly, there ought to have been a record put in place to protect B and J such as a life interest and as well their being nominated as discretionary beneficiaries. He submitted the drafting errors were serious because it alienated the property away from B and J. Such a serious drafting error theref...

4. LCRO 235/2017 B and A LT v HF (28 March 2019) [pdf, 133 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [26] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that nece...

5. IPT Annual Report 2024 [pdf, 484 KB]

   Immigration and Protection Tribunal Annual Report 2023/24 Judge Martin Treadwell Chair 18 December 2024 2 Introduction The Immigration and Protection Tribunal was established under section 217 of the Immigration Act 2009 (the Act). Section 224A of the Act requires the Chair of the Tribunal to provide an annual report to the Minister of Justice, the...

6. BORA Whanganui Iwi (Wanganui Prison and Northern Part of Wanganui Forest) On-account Settlement Bill [pdf, 272 KB]

   ...Forest to Whanganui Iwi (should that transfer occur). Clause 8(1) applies those provisions in that Act that relate to the transfer of commercial redress properties and clause 8(2) applies those provisions that confer a right of access across land to protected sites on "Maori for whom the protected site is of special spiritual, cultural, or historical significance". 4. Although the Bill confers entitlements on Whanganui Iwi and certain other Maori which are not conferred on othe...

7. BORA Copyright (New Technologies And Performers' Rights) Amendment Bill [pdf, 278 KB]

   ...way that meets society’s needs. The purpose of the Bill is to clarify the application of existing rights and exceptions in the digital environment (taking account of international developments) without changing the existing balance between protection and access. 3. We consider that the Bill appears to be consistent with the Bill of Rights Act. The Courts have recognised that copyright laws do place constraints on the right to freedom of expression contained in section 14 of the Bi...

8. CAC20004 v Whisker [2015] NZREADT 61 [pdf, 249 KB]

   ...still operating as a real estate agent. [25] Mr Harding continued that by November 2012 Mr Polglase had only been paid $4,378.16 when he should have received $6,378.16; so that Mr Harding passed his concerns on to the Authority. [26] Mr Harding was carefully cross-examined by Mr Bigio. It was put to him that the defendant would say that his decision to close the business followed the defendant’s discussion and advice received from Mr Harding about the likely chances of the proposed...

9. LCRO 243/2016 KE v HO (21 June 2019) [pdf, 272 KB]

   ...Mrs KE had raised, unbeknown to Mr HO, in the report. [23] On 24 July 2015, Ms YS swore the second affidavit and annexed the report as an exhibit. [24] I interpolate again: faced with a choice over whether to produce a copy of the report to protect Ms YS/Ms CB’s position in the litigation, or to protect her own interests by maintaining its confidentiality, Mrs KE preferred her clients’ interests over her own and annexed the report. Either way, the report was not annexed as...

10. Stewart v CAC10064 & Cooper [2013] NZREADT 58 [pdf, 58 KB]

    ...vendors. Eves admits that Coopers continued to contact the vendors directly.” [17] Finally, the CAC said: “4.17 ... and in its defence [Eves] has said that its policy was not to enforce any double commission. This is not the same as taking care to ensure that no legal obligation to pay two commissions arises, and Eves has provided no rebuttal of the allegation that they reassured the vendors that there was no risk, rather than taking steps to obtain the relevant information. It...