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1. 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...

2. 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...

3. 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...

4. 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...

5. BORA Parliamentary Privilege Bill [pdf, 315 KB]

   ...limit is justified by the need for Parliament to discharge its fundamental democratic responsibilities. 2.2.2Second, the Bill confirms the power of the House of Representatives to fine for contempt. Such fines are not susceptible to the procedural protections for criminal charges affirmed by s 25 of the Act or to judicial review under s 27(2). We conclude, however, that the limitation on those rights is a necessary incident of the discharge by Parliament of its responsibilities and of...

6. [2010] NZEmpC 18 C v Air Nelson Ltd [pdf, 38 KB]

   ...discharges its function to deal in a just and speedy way with everyday workplace differences and disputes. (11) In the majority of cases the interests of justice will require that the name of a grievant in a complaint of sexual harassment should be protected. The public interest is advanced by saying so because this amount of protection is likely to encourage the oppressed to come forward and bring 1 [1993] 2 ERNZ 469. 6 their...

7. [2017] NZEmpC 84 The Chief Executive of the Ministry of Social Development v Tuilaepa [pdf, 205 KB]

   ...accepted permanent employment in 2004. A residential social worker provides 1 Tuilaepa v The Chief Executive of the Ministry of Social Development [2016] NZERA Auckland 176. professional care and protection for children and young persons remanded into the custody of the Chief Executive of the Ministry or who are sentenced to supervision. 2 [3] Mr Tuilaepa was dismissed from his employment on 20 October 2015 for serious mi...

8. 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...

9. Ikbarieh v Hammadieh [2014] NZIACDT 49 (15 April 2014) [pdf, 168 KB]

   ...amended Statement of Complaint dated 14 February 2014. [9] It records the complainant lodged the complaint on wider grounds, but the Registrar identified material supporting three aspects: [9.1] The adviser failed to perform his services with due care, diligence, respect, and professionalism (clause 1.1(a) of the Code of Conduct 2010 (the Code)); [9.2] He either: [9.2.1] Failed to set out the fees and disbursements before commencing work incurring costs in accordance with the requir...

10. LCRO 73/2020 A and B WT v CV and DU (29 September 2021) [pdf, 185 KB]

    ...their mistakes. [12] Mr DU and Mr CV provided response to the complaint filed on 7 November 2019. They submitted that: (a) they had acted in accordance with their obligations under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); and (b) they had acted at all times in accordance with their client’s best interests and instruction; and 4 (c) they had no involvement with the preparation of the sale and purchase agreement or repres...