Search Results

1. Complaints Assessment Committee (CAC 408) v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 24 [pdf, 311 KB]

   ...Committee charges Nicholas Schembri with misconduct under s 73(c) of the Real Estate Agents Act 2008 (Act), in that his conduct constituted a wilful or reckless breach of the Act and/or the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (Rules) and/or the Lawyers and Conveyancers Act 2006. Particulars 1 The defendant Mr Schembri is a licensed salesperson employed by Century 21 First Choice Wellington (Agency). 2 The Complainant owned a property located...

2. [2007] NZEmpC WC 15/07 Auto-Movements (NZ) Ltd v Eveleigh [pdf, 52 KB]

   ...to store a limited number of motor vehicles for his own private business, free of charge. The Employee will also be permitted to conduct his own personal business during work hours, when the work of managing Auto Movements (NZ) Ltd has been taken care of. [13] During this contract Mr Eveleigh worked to get back the customers that Auto-Movements had lost over the period he had been away from the business. [14] Just before the expiry of the 3 months of the fixed term contract Mr...

3. Eppanapally v Zhou [2015] NZIACDT 84 (27 August 2015) [pdf, 189 KB]

   ...not passing on mail. [3] The Tribunal found Ms Zhou breached the Licensed Immigration Advisers Code of Conduct 2010 (the Code of Conduct) in these respects: [3.1] Clause 1.1(a) - Ms Zhou failed to perform her services for Mr Eppanapally with due care, diligence and professionalism in relation to managing the Practice, and his instructions. [3.2] Clause 1.1(a) - Ms Zhou failed to deal adequately with Immigration New Zealand’s letter requesting further information. [3.3] Clause 3(a)...

4. Complaints Assessment Committee 412 v Singh [2019] NZREADT 004 [pdf, 187 KB]

   ...transaction. … (3) The licensee must make the disclosure required by subsection (1) before or at the time that the licensee provides the prospective party with any contractual documents that relate to the transaction. [10] The purpose of s 136 is to protect vendors and prospective purchasers by providing for transparency in a real estate transaction. Parties to a transaction are entitled to be aware of the identity of those they are dealing with, so that they may be assisted...

5. Shihaku v Mizoguchi [2019] NZIACDT 24 (24 April 2019) [pdf, 169 KB]

   ...uphold it but take no further action or uphold it and impose one or more sanctions.9 [46] The sanctions that may be imposed by the Tribunal are set out in the Act.10 The focus of professional disciplinary proceedings is not punishment but the protection of the public.11 [47] While protection of the public and the profession is the focus, the issues of punishment and deterrence must also be taken into account in selecting the appropriate penalty.12 [48] The most appropriate pena...

6. Penalty REAA CAC 20004 v Lindsay [2014] NZREADT 35 [pdf, 39 KB]

   ...breached by the defendant.” [6] Mr Clancy submits that the rules referred to in the charge, and found to have been breached by the licensee, are some of the most fundamental contained in the Real Estate Agents (Professional Conduct and Client Care) Rules 2009, and include rules prohibiting conduct likely to bring the industry into disrepute, withholding information from clients and customers, and putting clients or customers under unfair pressure. Those rules read: “6.2 A license...

7. Water Services Bill [pdf, 214 KB]

   ...Right to be secure from unreasonable search or seizure 6. Section 21 of the Bill of Rights Act affirms the right of everyone to be secure against unreasonable search and seizure, whether of the person, property, correspondence or otherwise. The right protects a number of values including personal privacy, dignity, and property. The touchstone of the section is the protection of reasonable expectations of privacy.2 A search or seizure which is unreasonable in terms of s 21 cannot be justi...

8. M D Cottle Family Trust & Anor v CAC20002 & Anor / Barnett v CAC20002 & Ors [2015] NZREADT 74 [pdf, 142 KB]

   ...Authority that, while not as serious as some of the conduct before us, the provision of an agency agreement and appraisal is a fundamental obligation under the Real Estate Agents Act 2008 and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. We noted at paragraph [97] in our said substantive decision, that Mr Barnett received loose instructions from Mr Cottle in 2006 to, in effect, look out for a purchaser but not formally advertise the property for sale. The...

9. SG v [City] SC LCRO 250/2013 (6 March 2015) [pdf, 52 KB]

   ...identify the dormant balances and for him to ensure that they were dealt with or reported on”. 14 [19] The purposes of the Lawyers and Conveyancers Act include the maintenance of public confidence in the provision of legal services and the protection of consumers of legal services. 15 [20] Mr JR has noted the comment by Mr MT that his report was only made available to the Standards Committee because of the issues relating to the FTRA. Mr MT has noted that he would not othe...

10. Mr O v CAC 10028 & Mrs T - Sanitised [2011] NZREADT 2 [pdf, 172 KB]

    ...are disciplinary proceedings taken to give effect to the Purpose of the Act. These proceedings have been said to be civil in nature see Director of Proceedings v I, [2004] NZAR 635. 3. Purpose of Act (1) The purpose of this Act is to promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work. (2) The Act achieves its purpose by― (a) regulating agents, branch m...