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1. Biel v Hall - Opepe Farm Trust [2011] Māori Appellate Court MB 535 (2011 APPEAL 535) [pdf, 222 KB]

   ...the appellants did not demonstrate clear opposition to the investment. Conclusion Lower Court findings [34] The lower Court‟s overall conclusion was that all five trustees, including the appellants, failed in their duty to act prudently and protect the assets of the Trust. It noted they could have sought further direction from the Court at any time but did not take that step. It was satisfied their conduct regarding this investment was sufficiently serious to warrant their rem...

2. [2024] NZREADT 40 - CAC v Tafilipepe (25 October 2024) [pdf, 367 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [36] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:9 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish t...

3. LCRO 190/2020 JG v VK (23 March 2021) [pdf, 260 KB]

   ...decision [18] Ms JG filed her complaint with the New Zealand Law Society Complaints Service on 23 March 2020. [19] The substance of her complaint was that: (a) Ms VK had failed to apply promptly and urgently for an urgent border alert under the Care of Children Act 2004; and (b) prior to her meeting with Ms VK she had made it clear that she wanted an application to be made for a border alert as a matter of urgency; and (c) Ms VK had delayed in forwarding the request to Interpol;...

4. [2021] NZREADT 35 - Brady (7 July 2021) [pdf, 287 KB]

   ...transparent, and effective.9 [11] In order to meet the purposes of the Act, penalties for misconduct and unsatisfactory conduct are determined bearing in mind the need to maintain a high standard of conduct in the industry, the need for consumer protection, the maintenance of confidence in the industry, and the need for deterrence. [12] A penalty should be appropriate for the particular nature of the misbehaviour, and the Tribunal should endeavour to maintain consistency in penaltie...

5. National Standards Committee 2 v Mr Q [2023] NZLCDT 14 (2 May 2023) [pdf, 213 KB]

   ...out in the following passage3: [13] It is now well established that the purpose of penalties imposed in professional disciplinary proceedings is not punitive. Rather, it reflects the purposes of the Lawyers and Conveyancers Act 2006 (LCA): the protection of the public, the upholding of professional standards and of the confidence that the public has in the legal profession. 3 See above n 2. 6 [14] As well as that, an assessment of proportionate penalty includes cons...

6. EA v NR LCRO 130/2015 (31 October 2016) [pdf, 174 KB]

   ...determined, pursuant to s 152(2) of the Lawyers and Conveyancers Act 2006 (the Act) that there had been unsatisfactory conduct on the part of Ms NR in that she had contravened Chapter 8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules). Rule 8 imposed a duty on Ms NR to protect and hold in strict confidence all information concerning Mrs EA, the retainer, and Mrs EA’s business and affairs acquired in the course of the professional relatio...

7. Appeal Against Penalty Olde-Olthof & Anor v REAA CAC 20005 & Anor [2014] NZREADT 37 [pdf, 70 KB]

   ...competent licensee and is conduct that 4 would reasonably be regarded by agents of good standing as being unacceptable.” The Rules Referred to By the Committee [12] Rules 5.1, 6.4 and 6.5 of Real Estate Agents Act (Professional and Client Care) Rules 2009 read: “5.1 A licensee must exercise skill, care, competence, and diligence at all times when carrying out real estate agency work. 6.4 A licensee must not mislead a customer or client, nor provide false information...

8. Committee on the Elimination of All Forms of Racial Discrimination – summary record 18th-20th reports [pdf, 148 KB]

   ...century. In 1840, representatives of the British Crown and Maori chiefs had signed the Treaty of Waitangi, the nation’s founding document, which gave the Crown the right to govern New Zealand and develop settlements while guaranteeing Maori full protection of their interests and status and full citizenship rights. Four Maori seats had been established in Parliament in 1867. 3. In 1975, the Government had established the Waitangi Tribunal to hear Maori grievances against the Crow...

9. Leaders Real Estate (1987) Limited v CAC20008 & Anor [2015] NZREADT 41 [pdf, 155 KB]

   ...essence of the initial complaint against the applicant was that it was using a listing agreement form that was unnecessarily onerous and harsh in its terms and in the breach of Rule 9.12 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. That Rule reads: “9.12 An agent must not impose conditions on a client through an agency agreement that are not reasonably necessary to protect the interests of the agent.” [4] In particular, it is put that the appli...

10. PGP & QGP v FS LCRO 143/2014 (27 August 2015) [pdf, 72 KB]

    ...Committee failed to give sufficient weight to their evidence. • Mr FS was, in the course of the transaction, acting for his son. 4 • Mr FS had contravened rules 10.2 and 12 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), in that he should not have communicated directly with Mr and Mrs GP and should have advised them of their right to take legal advice. [15] In response Mr FS submits that: • Mr and Mrs GP were aware of the...