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1. Auckland Standards Committee 3 v Ellis [2018] NZLCDT 4 [pdf, 398 KB]

   ...agreement granted by Doxcon. The MF Trust and Truby King Limited have sold those assets pursuant to a power of sale, and the ultimate purchaser of those assets is Bigyard Holdings Limited…” 10. Contrary to Rule 5.4 of the Conduct and Client Care Rules, Brian Ellis acted for Doxcon when there was a conflict or a risk of a conflict between his personal interests and the interests of Doxcon: (a) In the circumstances described in Particulars 2 and 3 above he acted for Doxcon, purp...

2. Complaints Assessment Comittee 404 v Hawkins [2017] NZREADT 16 [pdf, 214 KB]

   ...[b] Mr Hawkins did not explain, or explain adequately, to Ms Fletcher his role in the transactions after he “stepped in” as vendor. [c] Mr Hawkins obtained a financial benefit from the sale of lots to Ms Fletcher and Ms Mardon, in that he protected his own purchase, and his own investment in the subdivision. [d] Mr Hawkins did not advise Ms Fletcher, either orally or in writing, that by selling lots 3 and 4 to her he would obtain a financial benefit. [e] Mr Hawkins did not ad...

3. Tesar v REAA CAC 20004 & Ors [2014] NZREADT 18 [pdf, 54 KB]

   ...generally criticises the Committee’s reasoning for finding unsatisfactory conduct on her part. [20] The appellant presented her views confidently and assertively. She emphasised that she had inserted the original clause 18 in the contract to protect the complainant purchasers but (as we have explained above) the vendors would not accept that version and replaced it. [21] Under cross-examination, the appellant licensee insisted that she had not relied on anything which the vendors...

4. Applicant C v Registrar of Real Estate Agents Authority 2017] NZREADT 10 [pdf, 178 KB]

   ...that she had been convicted of a crime involving dishonesty. She also disclosed that the company was being liquidated. [8] The applicant was then asked to provide details as to her offending and the charges she faced, the likely penalties, and protections put in place by her employer to ensure that she was supervised and supported. The applicant responded to that request. [9] On [ ], the Registrar advised the applicant that she intended to decline her application to renew he...

5. LCRO 217/2016 and 218/2016 RE and YI v WG (14 November 2018) [pdf, 187 KB]

   ...considered are a censure and/or a fine.17 Other orders provided for in s 156(1) of the Act are inapplicable. [60] In addressing the nature of a fine the authors of the text Ethics, Professional Responsibility and the Lawyer say: 18 A fine has no protective or rehabilitative function. It is largely punitive, and perhaps also serves the purpose of setting certain conduct aside as falling short of acceptable standards to a significant degree. [61] Mr WG’s acceptance of the adverse...

6. LCRO 83/2024 AGM v CPF (24 March 2025) [pdf, 172 KB]

   ...that the conduct breaches, when considered in their totality and by reference to the broad circumstances of the retainer, merit imposition of a fine in the sum of $5,000. [91] I consider a fine of $2,000 adequately meets the regulatory and consumer protection objectives. Costs [92] Ms AGM has had partial success with her review but in large part the finding of the Standards Committee has been confirmed. It is appropriate that Ms AGM be ordered to contribute to the costs of this revi...

7. LA - Reference - Part 3A [pdf, 574 KB]

   ...comment to support your rating: a) MOJ0052.3a-June13_reference Page 4 / 6 Professional Judgement a provider of legal aid or specified legal services should: • exercise independent professional judgment on a client’s behalf and exercise due care in giving appropriate advice to a client that is legally correct and appropriate including, on producing evidence, the use of experts, dispute resolution and options following the outcome of the case. From your experience with the appli...

8. [2022] NZEnvC 132 Channel Infrastructure NZ Limited v Northland Regional Council [pdf, 11 MB]

   ...regionally significant infrastructure). [10] The parties have agreed a small extension to the mapped MPPZ as shown outlined in red in Annexure A. [11] The parties state the amendment to the pNRP maps to provide a small extension of the MPPZ is carefully designed to include the full extent of the tanker berth pocket (and associated activities) next to the Appellant’s jetty. This is considered as necessary to appropriately provide the Appellant with sufficient operational 2 Pol...

9. Waikato Bay of Plenty Standards Committee v A Practitioner [2014] NZLCDT 70 [pdf, 194 KB]

   ...be regarded as serious and should be firmly responded to by the Tribunal even in the absence of any dishonesty or lack of probity. (c) Ordering compensation would help mark the seriousness of the practitioner’s negligence and go some way to protecting the consumer client and maintaining confidence in the profession. 5 (d) That although there was more than one cause of the client lender’s losses, the practitioner contributed in a material way to the loss because the i...

10. Non-discrimination standards for government guidelines [pdf, 392 KB]

    ...available through which to lodge complaints about allegedly discriminatory public sector activities. Such matters had to be (and still can be) pursued through the courts. Prior to 31 December 2001, section 151 (now repealed) of the Human Rights Act protected the public sector from the full impact of the Human Rights Act non- discrimination standard. Section 151(1) stated that the Human Rights Act did not override other enactments, and those enactments stood even if there was discrimination....