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1. BORA Anti-Money Laundering and Countering Financing of Terrorism Bill [pdf, 313 KB]

   ...21. 3.2 The Bill provides for a number of offences for failure to comply with various obligations without reasonable excuse (clauses 104, 105, 108 and 109), thereby placing an evidential onus on the accused, contrary to the presumption of innocence protected by s 25(c). 3.3 The Bill provides for a civil pecuniary penalty in respect of civil liability acts (clause 88). As this penalty is similar to other penalties in the Bill that are expressed as criminal, it raises the issue as to whet...

2. BORA Government Communications Security Bureau and Related Legislation Amendment [pdf, 402 KB]

   ...prescribed: (a) Their purpose is governed by the objective of the GCSB, which is to contribute to the national security, international relations and/or economic wellbeing of New Zealand. (b) The powers conferred on GCSB are directed towards the protection, security, and integrity of information infrastructures, information about such infrastructures and the capabilities, intentions, and activities of foreign persons and foreign organisations. (c) The provision in the Bill for the GCSB...

3. [2023] NZREADT 20 - CAC 2107 v Sheldon (Penalty) (14 August 2023) [pdf, 226 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [11] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:2 …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...

4. [2023] NZREADT 13 - CAC v Sun (9 June 2023) [pdf, 160 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [25] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:1 …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...

5. CAC 20006 v Wallace [2013] NZREADT 81 [pdf, 36 KB]

   ...found, on the balance of probabilities, that the representation was made by the defendant to Mrs Kern as stated by the prosecution witnesses and set out above, and at that time constituted seriously negligent conduct by the defendant. We realise that careful investigation was needed by experienced builders to disclose the extent of the weathertightness problems, but there were sufficient signs of the need for investigation without those, such as, insufficient and inadequate flashings and...

6. RQ v TS LCRO 178/2012 (23 June 2015) [pdf, 98 KB]

   ...recorded an agreement reached. That document, described as a mediation agreement, records that the parties have formalised their understandings in a further document described as a “Heads of Agreement”. The heads of agreement document was not protected by privilege unless the parties agreed otherwise, and records that the terms of the agreement may be enforced by judicial proceedings. [19] Ms RQ and Ms TS both confirmed that the arrangements detailed in the heads of agreement...

7. LCRO 77/2015 EAB v FBC (7 July 2017) [pdf, 94 KB]

   ...Committee’s orders did not go far enough. Mr EAB wants answers from Mr FBC, as well as the maximum available in penalties and compensation, and a refund of at least half of Mr FBC’s fees. He considers Mr FBC’s name should be published for the protection of the public. Review Hearing [18] Both parties attended a review hearing by telephone on 6 December 2016. Mr EAB was asked to provide evidence that he was GCD’s personal representative. After the review hearing Mr EAB...

8. McAuley v The Real Estate Agents Authority CAC (416) NZREADT 22 [pdf, 181 KB]

   ...In the case of Wang the Tribunal adopted the reasoning of the Tribunal in Fitzgerald. Assessment [15] In this case the CAC gave consideration to whether the licensee had breached the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012, and in particular, Rules 5.1 (which require an agent to exercise skill, care, competence and diligence) and 6.4 which prohibits a licensee from misleading a customer or client or providing false information or withholding inf...

9. Audit summary report FINAL [pdf, 608 KB]

   ...the whole the provider was competent and efficient and providing good service and value for money. Some results were good. Poor and very poor results For most audits ranked poor, specific obligations to clients weren’t met. For example, client care information wasn’t sent. On some very poor files, the lack of documentary evidence made it impossible for the auditor to determine the outcome for the client. However, in some audits with poor results, good outcomes were sometimes obtaine...

10. Audit summary report [pdf, 609 KB]

    ...the whole the provider was competent and efficient and providing good service and value for money. Some results were good. Poor and very poor results For most audits rated poor, specific obligations to clients weren’t met. For example, client care information wasn’t sent. On some very poor files, the lack of documentary evidence made it impossible for the auditor to determine the outcome for the client. However, in some audits with poor results, good outcomes were sometimes obtained...