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1. Zhang v CAC406 & Anor [2015] NZREADT 91 [pdf, 118 KB]

   ...4 (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [8] The resolution of this dispute is not a disciplinary matter. It raises no issues of maintaining industry standards or protection of the public. It is unrelated to any of the disciplinary functions of the Act. Further we do not consider that in this case the dispute about what commission (if any) is payable falls within the definition of real estate agency work...

2. BORA Overseas Investment Bill [pdf, 174 KB]

   ...is not admissible in evidence in any proceeding under the Bill except for proceedings under clause 46 (offence of making false or misleading statements). 9. These provisions raise issues under section 14 of the Bill of Rights Act. Section 14 protects freedom of expression, which includes the right to say nothing. We have considered whether these provisions can be justified in terms of section 5 of the Bill of Rights Act. 3 10. The objective of these provisions is to prom...

3. BORA Smoke-Free Environments (Tobacco Plain Packaging) Amendment Bill [pdf, 294 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

4. BORA Resource Legislation Amendment Bill [pdf, 436 KB]

   ...durable resource management decisions. 5. The principal proposed amendments are to the Resource Management Act 1991 (‘the principal Act’), the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, and the Environmental Protection Authority Act 2011. The Bill would also amend the Conservation Act 1987, the Reserves Act 1977, and the Public Works Act 1981. 6. To achieve the purpose of the Bill, the Bill seeks to amend the principal Act by: a. introducing...

5. [2018] NZEmpC 12 McNabb v Silver Fern Farms Beef Ltd [pdf, 195 KB]

   ...PTI Ltd v Houston AC26/08, 25 August 2008 (EmpC). involved in the case and they seem reasonably confined so that the case should not take the four days currently estimated. I also consider that the sum of $4,500 gives Silver Fern some protection but is not so high that it is unreasonable to expect Ms McNabb to raise it. Ms McNabb needs to be aware that should she proceed with her challenge and be unsuccessful, then any award for costs could substantially exceed this amount...

6. BORA Residential Tenancies Amendment Bill [pdf, 299 KB]

   ...Rights Act provides that everyone has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law. The right in section 27(1) affirms that decisions are made in a procedurally fair way. Natural justice requires, inter alia, that a decision- maker hears all parties, whether in writing or orally. The parties n...

7. Auckland Standards Committee 5 v Ellis [2018] NZLCDT 39 [pdf, 252 KB]

   ...period of suspension would give his client the opportunity for further reflection and a final chance to redeem himself professionally. Such a period of suspension would serve the public interest by emphasising to Mr Ellis that he must take more care over his professional obligations. [4] He submitted that the conduct was not at the extreme end where we should decide that Mr Ellis is a risk to the public. Mr Pyke emphasised the following matters: (a) That the client lost interest i...

8. 2021-01-29 Notice of Hearing 26 February 2021 [pdf, 126 KB]

   ...Fish and Game Council Maree Baker-Galloway, Anderson Lloyd – Queenstown, PO Box 201 Queenstown S 274 Party Phil Murray Resource Management Ltd Phil Murray S 274 Party Pine Terrace Ltd Nicole Dowling, Ravensdown S 274 Party Pomahaka Water Care Group Lloyd McCall S 274 Party Puketoi Farming Company Ltd Geoff Crutchley S 274 Party Queenstown Lakes District Council Janette Campbell, Meredith Connell, PO Box 90750, Auckland 1142 S 274 Party Queenstown Lakes District Co...

9. LCRO 222/2018 TE v KT and RG (18 March 2019) [pdf, 100 KB]

   ...his complaint; (b) at the eleventh-hour Mr KT denied responsibility and attached his defence to Mr TE’s civil claims; (c) Mr KT offered no evidence to counter Mr TE’s claims of serious malpractice; (d) it is imperative that the Committee protect the public by inquiring into and determining Mr TE’s complaints about overwhelming, flagrant, glaring and multiple instances of misconduct on the part of Mr KT; and (e) adjourning determination of his complaint is an abandonment an...

10. CAC 519 v Saxton [2019] NZREADT 44 (31 October 2019) [pdf, 235 KB]

    ...charged Mr Saxton with misconduct under s 73(c)(iii) of the Real Estate Agents Act 2008 (“the Act”). The Committee alleged that Mr Saxton wilfully or recklessly contravened r 6.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the rules”). [2] Rule 6.3 provides: A licensee must not engage in any conduct likely to bring the industry into disrepute. [3] Mr Saxton has admitted the charge. The Tribunal is therefore required to make a fin...