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1. BORA Customs And Excise Amendment Bill [pdf, 419 KB]

   ...they have been processed under the Immigration Act and the Biosecurity Act, and detain persons for public health or law enforcement purposes. We have considered whether these powers are consistent with the right not to be arbitrarily detained, as protected by section 22 of the Bill of Rights Act. 8. Where an issue arises, a provision may nevertheless be consistent with the Bill of Rights Act if it can be considered a reasonable limit that is justifiable in terms of section 5 of that Ac...

2. National and Auckland Standards Committees v Orlov [2015] NZLCDT 3 [pdf, 163 KB]

   ...submissions Mr Orlov ranged over a number of topics which were helpfully summarised for us by Mr Hodge in his submissions in reply, as follows: 1. No public purpose is served by the charges being heard. 2. The charges do not relate to public protection. 3. The charges are “incomprehensible” and unsupported by evidence. 4. These sorts of charges are not normally brought against practitioners. 5. Delay. 6. Insufficient time to prepare. [6] We preface our remarks about each o...

3. Croon v Māori Trustee - Kekerione 31B (2024) 84 Te Waipounamu MB 224 (84 TWP 224) [pdf, 285 KB]

   ...gardens and their home). Currently they run a relatively small herd of cattle. At the narrow end of the block adjoining Petre Bay and close to a lake on the adjacent land, they have put in fencing and are progressively planting trees in order to protect the sand dunes. They have fenced off a small area (outside of the proposed partition area) for future use as an urupā and they have also fenced off areas of wetland that are regenerating. They continue to undertake gorse control, whic...

4. Kashimoto v Mizoguchi [2016] NZIACDT 74 (21 November 2016) [pdf, 257 KB]

   ...the complaint was not particularised in that way. This complaint involves findings that sit at the low end of seriousness. The Registrar and Complainant’s reply to Mr Mizoguchi [15] The Registrar is responsible for ensuring the public are protected in their dealings with licensed immigration advisers. She helpfully expressed her view of Mr Mizoguchi’s position in relation to the refund of fees. [16] The Registrar considered that a full refund of $8,050 is appropriate. Her...

5. Gollins Commercial Ltd v Registrar of the REAA [2016] NZREADT 16 [pdf, 154 KB]

   ...submitted that the applicant has never been prohibited or disqualified as a director of a company nor been permitted to be a director under conditions; and there is no matter in his past behaviour to prevent him trading as a real estate agent with the protection of a corporate structure. Mr Waymouth pointed out that if Mr Gollins is incorporated, a consumer can complain to the Authority in terms of the Act or the Real Estate Agents (Professional Conduct and Client Care) Rules 2012 and cou...

6. [2023] NZREADT 1 - CAC 1904 v Bright (16 January 2023) [pdf, 129 KB]

   ...(PENALTY) Dated 16 January 2023 2 INTRODUCTION [1] In a decision issued on 8 November 2022, the Tribunal found Mr Bright guilty of the reckless contravention of r 6.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). This amounted to misconduct pursuant to s 73(c)(iii) of the Real Estate Agents Act 2008 (the Act). [2] The Tribunal will now determine the penalty. BACKGROUND [3] The background facts, as found by the...

7. [2023] NZREADT 24 - CAC 2103 v Lieven (21 August 2023) [pdf, 242 KB]

   ...regarded by agents of good standing, or reasonable members of the public, as disgraceful; and/or 2 [Redacted]. 6 (ii) consists of a wilful or reckless contravention of r 6.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). (b) Charge 2 (as an alternative to charge 1): unsatisfactory conduct under s 72(a) and/or s 72(b) and/or s 72(d) of the Act, namely conduct that: (i) falls short of the standard that a reasonable member of...

8. Auckland Standards Committee v Fendall [2012] NZLCDT 1 [pdf, 92 KB]

   ...amount. She also repaid the Ministry of Justice $4,123 it had been overcharged. [12] The Legal Services Agency concluded, following the investigations, that there was no dishonesty. It accepted that it was a matter of failure to take proper care when recording time and subsequently invoicing charges based on that incorrect time record. This also appears to have been the view of the Serious Fraud Office, to whom a complaint about Ms Fendall’s invoicing practices had been made, as...

9. [2021] NZREADT 02 - Anonymised Appellant (18 January 2021) [pdf, 315 KB]

   ...the Authority, and had failed to supervise and manage Ms Foster effectively. [11] The Tribunal found Ms Foster guilty of unsatisfactory conduct, in respect of the following breaches of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012: [a] a breach of r 10.6, by failing to explain to [the appellant and his wife] the end date of the extended agency agreement, as set out in the amendment agreement and the renewal agreement. [b] a breach of r 9.7, by fa...

10. Complaint Assessment Committee 403 v Licensee B [2017] NZREADT 21 [pdf, 178 KB]

    ...occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure appropriate standards of conduct are maintained in the occupation concerned. [11] 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 3 Substantive decision, at [73]. 4 Substantive decision, at [74]. 5...