Search Results

1. [2020] NZREADT 03 - AJS Rental Realty Ltd (14 February 2020) [pdf, 164 KB]

   ...auditor, but failed to do so. [12] Ms Woolley submitted that compliance with the audit regulations is not in the category of “something that is nice to have”. Rather, she submitted, compliance is mandatory, and an essential part of the consumer-protection function of the Act. She further submitted that the Agency had been put on notice by its auditor that its practices fell significantly short of the regulatory requirements, and that those shortcomings could lead to a breach o...

2. CAC403 v Mansell [2019] NZREADT 38 (22 August 2019) [pdf, 266 KB]

   ...property about those issues, and the remedial steps taken. [8] Accordingly, we find Ms Mansell guilty of misconduct under s 73(a) of the Act (disgraceful conduct). Penalty principles [9] The principal purpose of the 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.”1 The Act achieves these purposes by regulating agents, branch ma...

3. CE v FG LCRO 346/2013 (27 August 2015) [pdf, 55 KB]

   ...In late 2004 Mr FG took instructions from CE and his wife, with regard to new wills, and on 4 November 2004 he sent a letter to them enclosing a draft of their wills. 2 He also recommended they should establish both property and personal care and welfare EPAs. [4] Mr FG then met with Mr and Mrs CE on 16 December 2004 at which time he asserts they signed the EPAs. He also asserts that the EPAs were then signed by the attorneys by no later than 11 January 2005.1 [5] It wou...

4. ORC & Ngai Tahu Ki Murihiku - EIC - Dean Whaanga - 17 September 2021 [pdf, 146 KB]

   ...held the position of Kaiwhakahaere since 2017. 4 I regularly work with local authorities, including Otago Regional Council (ORC or Council), and other agencies at the governance and operational levels to support the well-being of whānau and protect the rights, interests and values of Ngāi Tahu ki Murihiku. I regularly engage with ORC through Mana to Mana and Te Rōpū Taiao forums, representing Papatipu Rūnanga as a result of our Charter of Understanding with them1. 5 I hav...

5. 2023-10-11-MTA-Rebuttal-Evidence-of-D-Wilson.pdf [pdf, 228 KB]

   ...15. Mrs Di Rump discusses how we have worked with Ngā hapū o Raukawa and Waka Kotahi in order to see our mātauranga appropriately recognised by the Project in her evidence. 16. Because our mātauranga is a taonga, we as an iwi are very careful about how much we wish to share and with whom. It is important that some of our mātauranga be reserved solely for Muaūpoko people such as our wāhi tapu and whakapapa connections. However, it is equally important that this Project...

6. Auckland Standards Committee 3 v Mr G [2024] NZLCDT 16 (31 May 2024) [pdf, 164 KB]

   ...putting the consumer of legal services at risk, we will adopt it. This is one such case. [2] Mr G had admitted one charge of misconduct, arising out of the alteration of an email chain. The Tribunal’s task then was twofold – to determine a protective and remedial series of orders, proportionate to the conduct; and to consider whether the public interest in knowing the identity of the lawyer outweighed the personal interests of that young lawyer in trying to resurrect his car...

7. CAC20003 v Cooper [2013] NZREADT 11 [pdf, 59 KB]

   ...had gone unconditional. We held (at [63]) that such conduct was “at the high end of disgraceful conduct which struck at the very heart of the duties of a real estate agent as set out in the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009.” Had the defendant not been in liquidation and ceased trading, we would have made an order cancelling its licence. [10] In CAC v N [2012] NZREAD18 the defendant made transfers of funds totalling $76,650 to her personal ba...

8. BORA Psychoactive Substances Bill [pdf, 334 KB]

   ...the power is not per se unreasonable because searches: 9.1 May only be exercised in relation to serious offences[13] that are commercial rather than personal in nature (i.e. importation, manufacture and sale) and have been created to protect public health; and 9.2 May not be carried out at dwellinghouses or other residential accommodation.[14] A search of commercial premises or a vehicle is less invasive of personal freedom than a search of residential premises...

9. Tuumotooa v Tangilanu [2014] NZIACDT 101 (01 October 2014) [pdf, 189 KB]

   ...Ms Tangilanu’s licence and she took no steps to inform her clients of their circumstances or assist with engaging ongoing professional support. [3] The Tribunal found Ms Tangilanu was negligent, failed to meet the Code of Conduct’s duties of care, diligence, respect, and professionalism, and the obligation to provide timely updates. [4] This decision was initially issued in error. Counsel for the complainants presented submissions, which did not become part the file, due to an admin...

10. [2022] NZEmpC 42 TPT Forests Ltd v Penfold [pdf, 219 KB]

    ...respondents are the best people to assert a claim for privilege as they are the privilege holders, which is in line with conventional discovery processes. [10] An affidavit was filed for a former client of TPT expressing concern that documents protected by legal privilege might be disclosed to TPT under the process it suggests. Another affidavit was filed for a company associated with Mr Stronge’s current employer. It expresses concern that its commercial and sensitive...