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1. Ryan v CAC 20002 & Skinner [2013] NZREADT 45 [pdf, 67 KB]

   ...the Act; and it determined under s.89(2)(c) of the Act to take no further action. The Stance of the Appellant [10] The appellant covered the above facts and stated that the Andersons had repeatedly offered to buy her business at $120,000 after careful advice from their accountants. She maintains that at her meeting with the licensee on 17 March 2011 it was agreed he was to meet the Andersons and communicate her acceptance of their offer at $120,000, put that into a contract form, “...

2. LS v TD LCRO 298/2012 Penalty decision (23 February 2015) [pdf, 68 KB]

   ...issued a decision (the findings decision) in which I found Mr TD’s conduct constituted unsatisfactory conduct pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 by reason of breaches of rules 7, 10, 11 and 11.1 of the Conduct and Client Care Rules.1 [2] Both parties have now provided submissions as to penalty as requested. Background [3] Mr TD had prepared a will for Mrs LS’s mother in which she purported to appoint Mrs LS and her sister as trustees of the [Trust...

3. Gillard v CAC 20003 [2014] NZREADT 4 [pdf, 132 KB]

   ...with them. They wished to be able to participate in a multi-offer and said that the licensee may have achieved a better price for his client. [12] The Committee found a breach of Rules 5.1 and 6.2 of the Real Estate Agents Act (Client Conduct and Care) Rules 2009. [13] Rule 5.1 reads: “A licensee must exercise skill, care, competence, and diligence at all times when carrying out real estate agency work.” Rule 6.2 reads: “A licensee must act in good faith and deal fairly w...

4. LT v SH [2019] NZIACDT 57 (7 August 2019) [pdf, 174 KB]

   ...Tribunal on 13 December 2017. The following breaches of the Code by [the adviser] are alleged: (1) by writing a document to Immigration New Zealand falling short of what was required to persuade it to grant a visa, there has been a lack of due care in regard to the complainant’s circumstances, in breach of cl 1; (2) by providing incorrect and potentially misleading information to Immigration New Zealand, in breach of cl 1; 2 The comp...

5. [2021] NZEmpC 113 Waitoa v The Chief Executive of the Ministry of Social Development [pdf, 231 KB]

   ...was arrested for trespass and forcibly removed from the premises and into the Police car. MSD conducts employment investigation [27] In the days after the sit-in, Mrs Banaghan, who was then the General Manager, Residential, High Needs and Care Services, learnt of the incident. She was the decision-maker in relation to any decisions to be made regarding Mrs Waitoa arising out of the sit-in. The Manager Operational Support, Residential and High Needs was tasked to undertake...

6. [2019] NZREADT 42 - He v CAC 403 (9 October 2019) [pdf, 439 KB]

   ...not keep them updated in relation to delays in the development. [5] The Committee found the appellant’s conduct was unsatisfactory and that he had breached rr 5.1, 6.2, 6.3 and 6.4 in the following respects: [a] failing to exercise skill, care and competence by failing to recognise his professional obligations; [b] failing to act in good faith and deal fairly with all parties, by not initiating contact with the complainant; [c] engaging in conduct likely to bring the...

7. [2022] NZREADT 25 — Salt & Kellar v Real Estate Agents Authority (18 November 2022) [pdf, 148 KB]

   ...the ASP. In fairness, the Side Agreement should have been disclosed because of its impact on the Property’s net return. As a result the Appellants were in breach of rr 6.2 and 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). (b) By withholding information in relation to the reduction in OPEX payments by way of the Side Agreement, the advertised return of $60,000 net per annum could not be achieved. If the Side Agreement had been...

8. WQ v Emberson [2019] NZIACDT 28 (8 May 2019) [pdf, 186 KB]

   ...well aware that his agreement was with the law firm. She believed that the complainant and the law firm were complicit in the complaint to the Authority. It was a malicious, frivolous, and vexatious complaint to undermine someone with a spotless career of 16 years in immigration. [29] Ms Emberson set out how she came to work at the law firm. She had expected a written agreement with the firm and was given all sorts of excuses as to why the agreement and her Dubai visa, sponsore...

9. Preventing the prison pipeline Professor Ian Lambie report [pdf, 223 KB]

   ...an economic perspective, it has been argued that prisons are predominantly a waste of public resources and may be cost-effective only for the most serious and violent offenders (Marsh & Hedderman, 2009). They are likely to foster the criminal careers of those incarcerated by teaching them more criminal skills, damaging their employment, accommodation and family prospects, and compounding mental health and substance use issues. On release, even after a short period of imprisonment...

10. Cressida Claire Mayson Saywood v Complaints Assessment Committee 409, Benjamin Cartwright & Theresa O'Sullivan [2017] NZREADT 55 [pdf, 473 KB]

    ...Cartwright’s attempt to minimise the effect of the RealSure report (as noted above at [2]) allayed any concerns Ms Saywood may have had in respect of defects at the property. In this respect, the CAC found that Mr Cartwright did not exercise skill, care and competence and effectively misled Ms Saywood in breach of Rule 5.1 and Rule 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). The CAC also noted that although Mr Cartwright advised...