Search Results

1. RV v IP and RM LCRO 212/2014 (25 July 2016) [pdf, 78 KB]

   ...that the sale would include GST, and asked the IPs to advise her if the sale should be plus GST. Ms KB did not provide the IPs with any of the information required by rules 3.4 and 3.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules), nor does she appear to have opened a physical file for the IPs on the firm’s systems. [4] There is no evidence of any further interaction between the IPs and Ms KB, or anyone else at the firm, until 5 Decembe...

2. BORA Government Communications Security Bureau and Related Legislation Amendment [pdf, 402 KB]

   ...prescribed: (a) Their purpose is governed by the objective of the GCSB, which is to contribute to the national security, international relations and/or economic wellbeing of New Zealand. (b) The powers conferred on GCSB are directed towards the protection, security, and integrity of information infrastructures, information about such infrastructures and the capabilities, intentions, and activities of foreign persons and foreign organisations. (c) The provision in the Bill for the GCSB...

3. Spring v The Real Estate Agents Authority (CAC 308 & CAC 403) & Buczkowski [2017] NZREADT 82 [pdf, 325 KB]

   ...which the deposit was taken, mispresented, paid out then reversed; [b] that there was a serious breach of trust; [c] the vendors’ rights had been breached; [d] both agents and the Barfoot’s Epsom office had seriously breached their duty of care owed to the vendors; [e] the manner in which the Epsom Office Manager dealt with his concerns with their refusal to supply much needed documentary documentation; and [f] the defamatory way in which the Epsom Manager spoke to Mr Spring...

4. [2023] NZREADT 13 - CAC v Sun (9 June 2023) [pdf, 160 KB]

   ...seriously negligent or seriously incompetent real estate agency work by: (a) marketing and/or offering the five lots for sale without agency agreements being in place, in breach of r 9.6 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules); (b) misrepresenting the net size of three of the lots (Lots 1, 2 and 3) to the purchasers, and failing to take adequate steps to ensure prospective purchasers were informed of the need to obtain profession...

5. [2020] NZEnvC 137 Oceana Gold New Zealand Limited v Otago Regional Council [pdf, 312 KB]

   ...KI ŌTAUTAHI Decision No. [2020] NZEnvC 137 IN THE MATTER of the Resource Management Act 1991 AND of appeals under clause 14 of Schedule 1 to the Act BETWEEN OCEANA GOLD (NEW ZEALAND) LIMITED (ENV-2016-CHC-103) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-CHC-102) ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-CHC-122) Appellants AND OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson Environment Co...

6. [2022] NZREADT 26 He & An (22 November 2022) [pdf, 253 KB]

   ...agreements and ensuring that real estate agency work is completed competently. [27] The Tribunal found that Mr He breached his obligations to his vendor clients under rr 5.1, 6.1 and 6.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). His actions in his careless dealing with the backup ASP were seriously negligent and such that would bring the real estate industry into disrepute. The Tribunal was therefore satisfied that Mr He’s con...

7. CAC20007 v Jarman [2015] NZREADT 66 [pdf, 157 KB]

   ...Marion-Rose Jarman (defendant) with misconduct under s.73(c) of the Real Estate Agents Act 2008 (Act) in that her conduct consisted of a wilful or reckless breach of the 2 Act and/or the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 (Rules), namely: (a) Rule 6.1; and/or, (b) Rule 6.2; and/or, (c) Rule 6.3 and/or, (d) Rule 9.1; and/or, (e) Rule 9.5; and/or, (f) Section 126; and/or, (g) Section 136. Particulars: By way of an agreement...

8. [2023] NZREADT 12 - KD & DX v Donaldson (31 May 2023) [pdf, 214 KB]

   ...Standards of professional conduct ... 6.4 A licensee must not mislead a customer or client, nor provide false information, nor withhold information that should by law or in fairness be provided to a customer or client. 10 Client and customer care for sellers’ agents ... Disclosure of defects 10.7 A licensee is not required to discover hidden or underlying defects in land but must disclose known defects to a customer. Where it would appear likely to a reasonably competent licen...

9. Glamorgan v Dalbeattie LCRO 220 / 2010 (10 May 2010) [pdf, 117 KB]

   ...The names and identifying details of the parties in this decision have been changed. DECISION [1] The Applicant is a lawyer who was found by the Auckland Standards Committee to have had breached rule 10.3 of the Rules of Conduct and Client Care, which breach amounted to unsatisfactory conduct on his part. The Committee imposed a penalty of $10,000 and ordered publication of his name. The Applicant sought a review of the Committee‟s decision on the substantive complaint and...

10. FH v GJ LCRO 87/2014 (7 Aug 2015) [pdf, 77 KB]

    ...client (Mr GJ) about Ms FH.1 The complaint related to Ms FH’s involvement in the drafting and filing of a notice of claim in which she pleaded the tort of deceit. The complaint was that Ms FH had breached rule 13.8 of the Conduct and Client Care Rules.2 [3] The Committee determined that in being a party to the filing of the notice of claim Ms FH breached rules 13, 13.8 and 13.8.1 of the Rules and in particular: In brief the complaint arose from a disagreement in respect of a...