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1. Auckland Standards Committee 2 v Burcher, Short and MacDonald [2015] NZLCDT 47 [pdf, 78 KB]

   ...SNC and LNC Rules; failure to provide sufficient written information concerning default action to investors and consequent failure to take into account the advisor instruction of the investors in relation to appropriate default action; failure to protect 7 and promote the interests of the investor clients to the exclusion of the borrower clients in relation to defaults; failure to ensure the clients were advised of a conflict of interest at this point and advised to take inde...

2. ENVC speech Harland Environment Law Regulation conf 2012 [pdf, 130 KB]

   ...given process. In other words those who want change are often those unhappy with an outcome that does not meet their expectations. Whilst it would be unprincipled to invoke change to appease a squeaky wheel, it is also necessary to listen very carefully, and to analyse very thoroughly expressed areas of discontent. [4] One of the significant drivers of change at the moment is the argument that we need to improve our economic performance. Resource management matters in their wid...

3. Lee v CAC 10048 & Cho [2012] NZREADT 65 [pdf, 62 KB]

   ...value of the property and she accordingly had an unrealistically high opinion and expectation of the value of her property. The Complaints Assessment Committee found that no written appraisal under rule 9.5 of the Professional Conduct and Client Care Rules was provided and that in failing to do so Mr Cho had engaged in unsatisfactory conduct. In a penalty decision dated 4 November 2011 the Complaints Assessment Committee declined to make an order against Mr Cho other than the finding of...

4. Varela v Devi [2014] NZIACDT 85 (15 September 2014) [pdf, 202 KB]

   ...complaint is one of them) I have determined Ms Devi should be excluded from reapplying for a licence for two years. I explain why I do not consider rehabilitation is realistic. The sanctions relating to Ms Devi’s ability to hold a licence address the protection of the public and desirability of rehabilitation. In determining the imposition of additional sanctions in this case, it is appropriate to have regard to the fact that part of the penalty is to exclude Ms Devi from practising. [...

5. Vikashwarjeet and Devi v Devi [2014] NZIACDT 82 (15 September 2014) [pdf, 203 KB]

   ...complaint is one of them) I have determined Ms Devi should be excluded from reapplying for a licence for two years. I explain why I do not consider rehabilitation is realistic. The sanctions relating to Ms Devi’s ability to hold a licence address the protection of the public and desirability of rehabilitation. In determining the imposition of additional sanctions in this case, it is appropriate to have regard to part of the penalty is to exclude Ms Devi from practising. [15] Each of th...

6. Naidu v Devi [2014] NZIACDT 83 (15 September 2014) [pdf, 203 KB]

   ...complaint is one of them) I have determined Ms Devi should be excluded from reapplying for a licence for two years. I explain why I do not consider rehabilitation is realistic. The sanctions relating to Ms Devi’s ability to hold a licence address the protection of the public and desirability of rehabilitation. In determining the imposition of additional sanctions in this case, it is appropriate to have regard to the fact that part of the penalty is to exclude Ms Devi from practising. [...

7. Khan v Devi [2014] NZIACDT 84 (15 September 2014) [pdf, 203 KB]

   ...complaint is one of them) I have determined Ms Devi should be excluded from reapplying for a licence for two years. I explain why I do not consider rehabilitation is realistic. The sanctions relating to Ms Devi’s ability to hold a licence address the protection of the public and desirability of rehabilitation. It is appropriate to have regard to the fact that part of the penalty is to exclude Ms Devi from practising. [13] Each of the nine complaints involved an independent course of con...

8. Chand v Devi [2014] NZIACDT 80 (15 September 2014) [pdf, 202 KB]

   ...complaint is one of them) I have determined Ms Devi should be excluded from reapplying for a licence for two years. I explain why I do not consider rehabilitation is realistic. The sanctions relating to Ms Devi’s ability to hold a licence address the protection of the public and desirability or rehabilitation. In determining the imposition of additional sanctions in this case, it is appropriate to have regard to part of the penalty is to exclude Ms Devi from practising. [13] Each of th...

9. BORA Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill [pdf, 425 KB]

   ...restrictions, such as attachment and set-off, as any other civil claim. 4.2 To the extent the amendments in the Bill relating to unlawful detention claims may have a retrospective effect, no issue arises under s 26 of the Bill of Right Act. That only protects against retrospectivity in relation to criminal offences and penalties. 4.3 The differential treatment of prisoners does not raise any issue with s 19 of the Bill of Rights Act as status as a prisoner is not a prohibited gr...

10. Complaints Assessment Committee 408 v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 56 [pdf, 272 KB]

    ...have been set out in prior decisions of the Tribunal such as CAC v Black,7 REAA v Lum-on,8 CAC v Walker,9 and REAA v Kumandan.10 [30] A penalty must fulfil various functions in a disciplinary case. These functions are discussed below. (a) Protecting the public Section 3 of the Act sets out the purposes of the legislation. The 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 c...