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1. 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...

2. 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...

3. [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...

4. [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...

5. 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...

6. 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...

7. 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...

8. [2023] NZIACDT 12 - XX v Xu (13 April 2023) [pdf, 252 KB]

   ...since 2001 and became licensed in 2009. She prided herself on providing excellent and highly professional service to her clients. This was the first complaint against her in nearly 20 years of practice. She worked hard and was generally a very careful person who paid attention to detail. Ms Xu expressed deep sorrow for what had happened and had already apologised profoundly to the complainant and her mother. She understood her mistakes had caused the complainant and her family enorm...

9. NJUM v Vole [2020] NZIACDT 5 (29 January 2020) [pdf, 126 KB]

   ...statement of reply (dated 16 May 2019). ASSESSMENT [55] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Legislative requirements 3. A licensed immigration adviser must: … c. whether in New Zealand or offshore, act in accordance with New Zealand immigration legislation, including the Immigration Act 2009...

10. OL v RY LCRO 261/14 (16 March 2016) [pdf, 185 KB]

    ...12(c) of the Lawyers and Conveyancers Act. Did Mr OL fail to provide the RY’s files and other relevant documentation? [8] In addressing this issue the Committee came to the view that Mr OL breached rules 3.2 and 4.4.1 of the Conduct and Client Care Rules4 and that in doing so his “conduct was sufficiently serious to warrant a finding of unsatisfactory conduct pursuant to sections 12(a) and 12(c) of the LCA in relation to this aspect of the RY’s complaint”.5 [9] In summarisi...