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1. Finau v Tangilanu [2014] NZIACDT 96 (01 October 2014) [pdf, 184 KB]

   ...them) the Tribunal has prevented Ms Tangilanu from reapplying for a licence for two years. Those decisions explain why I do not consider rehabilitation is realistic. Those sanctions relating to Ms Tangilanu’s ability to hold a licence address the protection of the public and the desirability of rehabilitation. In relation to the other sanctions imposed, the orders excluding Ms Tangilanu from practising are taken into account as part of the matrix of penalties. [12] Each of the 12 compl...

2. A & T Kaufusi v Tangilanu [2014] NZIACDT 98 (01 October 2014) [pdf, 184 KB]

   ...them) the Tribunal has prevented Ms Tangilanu from reapplying for a licence for two years. Those decisions explain why I do not consider rehabilitation is realistic. Those sanctions relating to Ms Tangilanu’s ability to hold a licence address the protection of the public and the desirability of rehabilitation. In relation to the other sanctions imposed, the orders excluding Ms Tangilanu from practising are taken into account as part of the matrix of penalties. [12] Each of the 12 compl...

3. Ngalu v Tangilanu [2014] NZIACDT 102 (01 October 2014) [pdf, 184 KB]

   ...complaint), the Tribunal has prevented Ms Tangilanu reapplying for a licence for two years. Those decisions explain why I do not consider rehabilitation is realistic. Those sanctions relating to Ms Tangilanu’s ability to hold a licence address the protection of the public and the desirability of rehabilitation. In relation to the other sanctions, the orders excluding Ms Tangilanu from practising are taken into account as part of the matrix of penalties. [12] Each of the 12 complaints i...

4. AX v ZA LCRO 113 / 2010 (18 February 2011) [pdf, 117 KB]

   ...application, the Applicant acknowledges that the Respondent was not acting for him. [21] However, he emphasises his view that the Respondent knew that YZ was defrauding people and that he therefore had a duty to alert the Applicant to this and protect him from the activities of his client. [22] The outcome sought is to “stop [the Respondent] from hiding behind the law, and recover some of his money.” He again lays the blame for his losses on the Respondent. Review [23] In c...

5. Thoman v Devi [2014] NZIACDT 81 (15 September 2014) [pdf, 182 KB]

   ...standards of conduct are maintained in the occupation concerned.” [9] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [9.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [9.2] Demanding minimum standards of conduct: Dentice v Valuers Registrat...

6. Canterbury Westland Standards Committee 2 v Woodward [2020] NZLCDT 9 [pdf, 116 KB]

   ...affidavit. 6 improve his relationship with his partners. He accepts that his unwellness over a period of eight years “… was a major contributor to the dysfunction in the firm …”. [24] Recognising that the purpose of a penalty is to protect the public the Tribunal carefully considered whether the factors that had led to the offending had been satisfactorily identified and addressed. [25] Mr Woodward says that he suffered a “major depressive episode” similar t...

7. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 52 [pdf, 226 KB]

   ...Goundar: [a] Charge 1: a charge of misconduct under s 73(c)(i) and (iii) of the Real Estate Agents Act 2008 (“the Act”) (wilful or reckless contravention of provisions of the Act and Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”)); [b] Charge 2: (in the alternative to Charge 1), a charge of misconduct under s 73(b) of the Act (seriously incompetent or seriously negligent real estate agency work); and [c] Charge 3: (in the alternati...

8. LCRO 88/2018 MC v OT (24 December 2018) [pdf, 225 KB]

   ...case basis. Generally speaking, those requests have been met by giving consideration to whether a transcript of the hearing would be prepared for providing to the party making request. [37] Any request is considered by the Review Officer, with careful regard to the strict confidentiality provisions which apply to review hearings. 7 [38] A recent decision of the Supreme Court considered an application for leave to appeal a decision of the Court of Appeal which had declined a req...

9. TG v NP LCRO 190 / 2011 (1 February 2013) [pdf, 139 KB]

   ...NP appropriately invoiced CCC for fees owing and CCC paid her the $99.42 remaining in the trust account. The Committee considered that CCC was obliged to make this payment, both under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and in accordance with TG’s instruction that it be used to pay such fees. It concluded that there was no evidence of wrongdoing on the part of NP or CCC. Failure to provide obligatory information This complaint refers t...

10. Keven Investments Limited v Arthur [2011] NZWHT Auckland 45 [pdf, 135 KB]

    ................................. 15 Clearance between base of cladding and balcony surfaces ..................... 16 Conclusion ................................................................................................ 18 DOES MR SIMPSON OWE KEVEN A DUTY OF CARE ............................. 18 INTRODUCTION [1] In June 2007 Keven Investments Limited (Keven) bought a property at 38 Wakelin Road, Beachlands from Philip and Roberta Montgomery and Brian Bramwell....