Search Results

1. Williamson v Tangilanu [2012] NZIACDT 18 (8 May 2012) [pdf, 95 KB]

   ...penalty for both matters must reflect the overall conduct. [3] The facts and background are set out in the earlier decision upholding this complaint, dated 28 March 2012. The key findings were: [3.1] Ms Tangilanu systematically failed to act with care, diligence and professionalism in performing her services, by ignoring the requirements of the Code. [3.2] She failed to commence her professional engagement as a licensed immigration adviser with a written agreement, as the Code require...

2. Weber v CAC 20002 & Penrose & Brown's Real Estate [2013] NZREADT 83 [pdf, 37 KB]

   ...the property was at least $1.2 m to a buyer “off the street”, and, likely, significantly more to a neighbour. If that was the only appraisal given, it does not comply with Rule 9.5 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 which reads: “9.5 An appraisal of land or a business must be provided in writing to a client by a licensee; must realistically reflect current market conditions; and must be supported by comparable information on sales of s...

3. ENVC Hearing 6Oct14 WML evidence chief Pita Rikys [pdf, 60 KB]

   ...impacts on Maori cultural values broadly, and in relation to Matiatia Bay specifically, are minor at best. In regard to Archaeological sites specifically I adopt and support the conclusions reached by Prince in his evidence and the management and protection measures that he proposes. Cultural Values 11. Maori Cultural values are an expression and articulation of the Maori world view (Te Ao Maori / the Maori World) and identity, contain a spiritual (wairau) dimension and in terms...

4. BORA Public Finance (State Sector Management) Bill [pdf, 48 KB]

   ...that contains a reverse onus whereby the accused must prove something in order to escape liability (clause 207). We are of the opinion that this provision constitutes a "justified limitation" on the right to be presumed innocent that is protected by section 25(c) of the Bill of Rights Act. In reaching this view, we have taken into consideration the fact that the offence in question may be described as public welfare regulatory in nature, the penalties are at the lower end of the...

5. KL v WS LCRO 160/2013 Penalty (15 June 2016) [pdf, 38 KB]

   ...record a determination made pursuant to ss 211(1)(b) and 152(2)(b)(i) that there has been unsatisfactory conduct on the part of Ms WS pursuant to s 12(c) consisting of contraventions of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 3.4, 3.5, 9.3 and 14.2(e); and (b) otherwise confirmed. 2 [2] The parties were offered the opportunity to file submissions in relation to orders that might be made pursuant to s 156 of the Act by 29 June 2016, and an extens...

6. [2015] NZEmpC 30 Wills v Goodman Fielder NZ Ltd costs [pdf, 99 KB]

   ...“steely” approach is required in this jurisdiction where reasonable settlement proposals have been rejected. 7 [19] For the defendant it is submitted that in this instance the plaintiff is relying on the Calderbank offer not as a shield to protect his position on costs, but as a sword to 6 New Zealand Meatworkers & Related Trade Union Incorporated v Alliance Group Limited [2015] NZEmpC 16. 7 Health Waikato v Elmsley, abo...

7. Waikato Bay of Plenty Standards Committee 2 v Mr M [2016] NZLCDT 34 [pdf, 42 KB]

   ...decision of 6 September 2016 we found Mr M guilty of one charge of negligence such as to tend to bring the profession into disrepute. We found Mr M to have been well motivated but that he had breached a number of Rules under the Client and Conduct Care Rules, Lawyers and Conveyancers Act 2006. [2] The background to this conduct is set out in our September decision. Submissions of the Standards Committee [3] The Standards Committee submitted that the seriousness of the conduct jus...

8. BORA Crimes Amendment Bill No.5 [pdf, 94 KB]

   ...argument is currently discredited since the risks on an individual relationship basis are not appreciably greater than any other relationship; 11.3 The other offences in the criminal law which deal with non-consensual sexual activity are adequate to protect people; and 11.4 As long as there is an adequate definition and understanding of "consent", then there is no basis on which to punish truly consensual activity. 12. There is much to be said in support of these arguments, b...

9. Thoman v Devi [2014] NZIACDT 81 (15 September 2014) [pdf, 182 KB]

   ...standards of conduct are maintained in the occupation concerned.” [9] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [9.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [9.2] Demanding minimum standards of conduct: Dentice v Valuers Registrat...

10. Waikato Bay of Plenty Standards Committee v Monckton [2014] NZLCDT 51 [pdf, 35 KB]

    ...various conflicts of interest. Furthermore she did not advise the bank to review its security position in the light of the uncertainties over T Street and its ownership. She had a caveat executed by the attorney, with the sensible intention of protecting the interests of the beneficiaries. That sister (attorney) was not in fact a beneficiary of the trust which had owned T Street prior to these dealings. [13] Quite properly, after cross-examination of Mrs Monckton and Dr S, Mrs...