4659 items matching your search terms
...of decision- 6 Standards Committee Determination (5 October 2012). 5 making. b. The public interest required consideration of the extent to which publication would provide some degree of protection to the public and the profession. See S v Wellington District Law Society [2001] NZAR 465, at p469. c. The common law of New Zealand recognised the major interest in openness of proceedings before courts and tribunals. The val...
...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...
...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...
...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...
...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...
...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...
...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...
...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...
...misconduct under s 73(c)(iii) of the Real Estate Agents Act 2008 (the Act) in that Barfoot Greenlane’s conduct constituted a wilful or reckless contravention of s 50 of the Act and r 8.3 of the Real Estate Agents Act (Professional Conduct and Client Care Rules 2012) (the Rules). [2] On 17 May 2024, the parties filed a joint memorandum confirming that a resolution had been reached and that Barfoot Greenlane admitted that its conduct amounted to unsatisfactory conduct under s 72(b)...
...claim under the Equal Pay Act 1972, in particular on the basis that she has been unlawfully discriminated against (s161(1)(qd) of the Act). (f) Whether Aurecon retaliated or threatened to retaliate against Ms Dowlut in breach of s 21 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 because Ms Dowlut made or intended to make a protected disclosure. (g) Whether Ms Dowlut was unjustifiably dismissed from her employment with Aurecon. … [14] The Authority...