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1. Auckland Standards Committee 4 v Schlooz [2021] NZLCDT 12 ( 14 April 2021) [pdf, 400 KB]

   ...misconduct arising out of his communications over an extended period with a litigant in person. [3] The decision addresses the importance of the principles of general deterrence and denunciation, in a regulatory framework whose purposes are to protect the public and maintain the confidence of the public in the legal profession. [4] The penalty process is not primarily a punitive one, but it is understood that certain conduct calls for clear condemnation by the Tribunal. This case p...

2. Martelli v The Real Estate Agents Authority CAC (409) NZREADT 23 [pdf, 240 KB]

   ...correctly, that, because there was no current agency agreement, the agencies were not entitled to any commission on the unconditional sale of the property under s 126 of the Act; and [b] Breached r 5.1 of the Rules (failure to exercise skill, care, competence and diligence at all times) by: [i] Altering an email referring to the expiry of the agency agreement when forwarding it to Ms Walker (thereby contributing to Ms Walker's misunderstanding that there was still a va...

3. Turner v Itchyfoot Pty Ltd [2021] NZHRRT 27 [pdf, 198 KB]

   ...defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 9 June 2021 DECISION OF TRIBUNAL1 BACKGROUND [1] Mr Turner is a home owner. He had an overseas trip planned in mid-2017 and wanted a house sitter to take care of his house and his dog while he was away. 1 [This decision is to be cited as Turner v Itchyfoot Pty Ltd [2021] NZHRRT 27.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 27 I TE TARAIPIUNARA MANA TANGATA 2 [2] Itchyfoot...

4. LCRO 150/2017 UG v WN [pdf, 275 KB]

   ...2006 (the Act), to take no further action in respect of three of the four issues identified.2 [12] Concerning the fourth issue, the Committee found that in contravention of r 8.7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), Ms UG had breached her duty of confidence owed to Mr WN, which constituted unsatisfactory conduct under s 12(c). In reaching that decision the Committee determined that: (a) the first requisition letter receive...

5. [2022] NZEnvC 214 Palmerston City Council [pdf, 335 KB]

   ...provide for additional housing supply in Palmerston North City through rezoning a new greenfield growth area for residential development in Aokautere, with a local business zone, and an integrated open space network delivered through utilisation and protection of the surrounding gully network. 1 The Council says that an order that PCG has immediate legal effect upon the issue of a Court decision will avoid the purpose and strategy underpinning the plan change being undermined betwee...

6. 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...

7. 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...

8. 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...

9. [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...

10. [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...