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1. Central Standards Committee 3 v Sawyer [2022] NZLCDT 38 (28 October 2022) [pdf, 222 KB]

   ...unsatisfactory conduct. 2 Exhibit 2 to affidavit of K L Corbett 23 March 2022. 3 Section 7(1)(a)(i) Lawyers and Conveyancers Act 2006 (the Act). 4 Section 7(1)(a)(ii) of the Act and rules under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules) 2008. 5 Section 7(1)(b)(ii) of the Act. 3 [5] This decision is organised under the issues: • What was Dr Sawyer’s conduct? • Is it misconduct? • What is the appropriate penalty response? What was...

2. Complaints Assessment Committee 412 v Grewal, Preet & Co Real Estate Limited, Voordouw & Mason [2018] NZREADT 47 [pdf, 314 KB]

   ...of the Agency1 he signed trust account reconciliations that were incorrect; and [b] a charge under s 73(c) of the Act (charge 5), alleging a wilful or reckless breach of r 7.2 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), in that he failed to make a report to the Real Estate Agents Authority (“the Authority”) when he had reasonable grounds to suspect that Mr Grewal had been guilty of misconduct. In the alternative, Mr Vo...

3. OIA-120087.pdf [pdf, 5.5 MB]

   ...would-be offenders to release them, which seems to have added to the confusion.3 Concerns about safety and Police resourcing appear to have been relevant factors in these instances. 12. The NZSA has called for greater clarification about the current protections available under the Crimes Act 1961 (Crimes Act) and for new powers.4 You have established a Ministerial Advisory Group for the victims of retail crime 13. In July 2024, you announced the establishment of the Advisory Group as...

4. BORA Meat Board Restructuring Bill [pdf, 49 KB]

   ...seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. Inspection and auditing powers - Clauses 40-46, 59-63 17. To achieve the objectives underlying the Bill it was considered necessary to im...

5. BORA Local Government Law Reform Bill [pdf, 405 KB]

   ...reasonable for the purpose of section 21. 5. The removal of abandoned vehicles does not significantly intrude on the privacy of the owner and is necessary to deal with a problem that imposes a significant cost on ratepayers. The Bill will provide some protection for vehicle owners as the vehicle may not be removed until the police have been notified. The local authority must also make reasonable efforts to notify the last registered owner of the vehicle that it has been removed and tha...

6. 2022-12-07-Decision-on-Application-to-Remove-Counsel-Assisting.pdf [pdf, 390 KB]

   ...permitted Interested Parties is allowed does not detract from the inquisitorial nature of the inquiry, nor from the fact that the findings are not conclusive as to the civil or criminal liability of any person. [9] Establishing the facts may require careful exploration and robust testing of the evidence. But – unlike in an adversarial trial – the fundamental interests of the Court and all Interested Parties are aligned. To the extent the Applicants believe or perceive that the...

7. [2021] NZIACDT 9 - SL v Mackintosh (5 May 2021) [pdf, 227 KB]

   ...her. Throughout the nine months, the complainant says, she was very patient. Her trust in Ms Mackintosh was shattered when she was given the first decline letter in May 2019. [24] It is contended that Ms Mackintosh, as a professional, failed to protect the complainant’s interest and must be held responsible for her conduct. Submissions from Ms Mackintosh [25] Mr Moses, counsel for Ms Mackintosh, produced submissions on 24 March 2021. He noted that Ms Mackintosh had already...

8. [2022] NZEnvC 213 Coneburn Preserve Holdings Ltd v Queenstown Lakes District Council [pdf, 5.2 MB]

   ...provision of sewage disposal, water supply and refuge disposal services which do not adversely affect water quality or other environmental values. Control the take-off and landing of aircraft within the zone. Avoid industrial activities. Maintain and protect views into the Jacks Point Zone of a predominantly rural and open character when viewed from the lake, and to maintain and protect views across the site to the mountain peaks beyond the lake when viewed from the State Highway. Re...

9. CAC 20002 v Kitto [2013] NZREADT 70 [pdf, 41 KB]

   ...2012 the defendant appeared to deny the charge and appeal the decision of the Committee to prosecute, the defendant has since declined to participate further in this prosecution despite having been served with all papers as appropriate. [4] Much care has been taken to effect such service on her because she has been in custody since about 14 May 2013 when she was convicted of four separate frauds and sentenced to imprisonment for two years and three months. As those convictions involv...

10. CJ v XL LCRO 221 / 2010 (1 July 2011) [pdf, 104 KB]

    ...cancellation had not been effected, and that by excluding them the Respondent misled the Court. The Standards Committee decision [22] The determination of the Standards Committee on each of the matters is recorded as follows:- Stock … From a careful perusal of all the confidential paperwork that was made available by the practitioner, it was clear that the moment Ms [XL] became aware of the sale of some of the stock, the correct stock amounts were included in the proceedings...