Search Results

1. CAC20004 v Li & Ors [2015] NZREADT 6 [pdf, 179 KB]

   ...behalf of Ms Wang has been dismissed. We now deal with the issue of penalty. 2 General principles on penalty [3] It is settled law that penalty decisions of disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is not their purpose: Z v CAC [2009] 1 NZLR 1; CAC v Walker [2011] NZREADT 4. [4] The Real Estate Agents Act...

2. Auckland Standards Committee 4 of the New Zealand Law Society v Thoman [2011] NZLCDT 8 [pdf, 136 KB]

   ...instructing solicitor in evidence in relation to these seven clients, nor is there a single bill of costs. Only one client managed to retrieve his passport, others lost valuable documents such as marriage certificates which they had entrusted to her care, or as it turns out lack of care. [7] The Society submits that this behaviour to clients is totally unacceptable to the profession as a whole and seeks that their disapproval be marked by the most serious sanction, striking off t...

3. Water Services Entities Bill [pdf, 187 KB]

   ...otherwise. 19. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a “search or seizure”. Secondly, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are “unreasonable” in the circumstances. 20. We consider that the power to compel information in these circumstances constitutes a search for the purposes of s 21 of the Bill of Rig...

4. LCRO 359/2013 SW v LM [pdf, 212 KB]

   ...its own view of the complaint independent of the findings of any other court or tribunal.3 Mr SW’s complaints [8] Mr SW’s complaints were that Mr LM was in breach of r 13.8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules (the Rules) and that he had attacked Mr SW’s reputation without good cause. Mr SW said:4 … I am of the view that he lacked sufficient objectivity as counsel and his submissions were more akin to grandstanding to provoke media...

5. [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...

6. 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)...

7. 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...

8. 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...

9. 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...

10. 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...