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1. [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...

2. [2022] NZEnvC 016 Federated Farmers of New Zealand v Northland Regional Council [pdf, 2.3 MB]

   ...in a matter of Stock Exclusion-Topic 16 of the Proposed Northland Regional Council combination land and water plan FEDERATED FARMERS OF NEW ZEALAND (ENV-2019-AKL-114) MINISTER OF CONSERVATION (ENV-2019-AKL-122) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-127) Appellant NORTHLAND REGIONAL COUNCIL Respondent Court: Judge J A Smith (Presiding) -in Court at Auckland Commissioner RM Bartlett - in Court at Auckland Commissioner S K...

3. 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...

4. [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...

5. 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...

6. 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...

7. [2021] NZREADT 21 - Kemp & Scoble (5 May 2021) [pdf, 268 KB]

   ...charged with misconduct under s 73(a) of the Act (disgraceful conduct). Ms Scoble was charged with misconduct under s 73(c)(iii) of the Act (wilful or reckless contravention of the Act or the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), or in the alternative, misconduct under s 73(b) of the Act (seriously incompetent or seriously negligent real estate agency work). [13] The charges against the licensees alleged breaches of rr 6.4 (whic...

8. Justice Matters - issue 01 - December 2015 [pdf, 2.8 MB]

   ...proving effective, with the Manukau Customer Service Centre assessed as the best in the country in a customer survey. Witness technology Witnesses can give evidence from another room via state-of-the-art video link to the courtroom. The witness is protected from direct contact with the defendant. PAGE 4 JUSTICEMATTERS Triple boost for victim support Victims’ information services • Victims Code • Chief Victims Advisor A number of recent initiatives highlight the Ministry o...

9. Registrar of IAA v Ho [2019] NZIACDT 54 (31 July 2019) [pdf, 154 KB]

   ...November 2015 as to how to obtain a residence visa for herself and other visas for her husband and child. [24] The employee advised Immigration New Zealand on 14 December 2015 that the application was withdrawn. The agency wrote to the client, care of the employee, to confirm the withdrawal of the application the same day. 5 COMPLAINT [25] On an application by Ms Ho to the Authority to renew her licence, an investigator inspected her file concerning the client. The Author...

10. LCRO 20/2016 LC and CM v JP (19 March 2019) [pdf, 238 KB]

    ...offence at Mr JP’s form of address. [18] The Committee considered Mr JP’s conduct in the context of s 110 of the Lawyers and Conveyancers Act 2006 (the Act) and rr 10, 10.1 and 3.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), noting the conflict between Mr JP’s evidence and that of the applicants. Focussing on the fact that the applicants had chosen to pursue Mr JP for money rather than the vendor, the Committee noted that the...