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1. 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...

2. 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...

3. 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...

4. [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...

5. 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...

6. [2024] NZREADT 35 – CAC 2108 v Barfoot Thompson (20 September 2024) [pdf, 143 KB]

   ...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)...

7. [2024] NZEmpC 231Aurecon New Zealand Limited v Dowlut [pdf, 251 KB]

   ...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...

8. [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...

9. [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...

10. 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...