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1. LCRO 58/2015 YA v MK (29 June 2018) [pdf, 158 KB]

   ...advice was given. Mr MK denied having applied any pressure to Mr YA to sign the agreement. Mr SV challenged Mr MK’s explanations, and drew his attention to his obligations pursuant to the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules) on the basis that witnessing Ms RO’s signature on the agreement could be taken as evidence that Mr MK had acted for her. [13] Mr MK adopted the position that: Witnessing means just that. Certifying a...

2. [2020] NZIACDT 54 - DY v Parker (21 December 2020) [pdf, 282 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.6 [44] The sanctions that may be imposed by the Tribunal are set out in the Act.7 The focus of professional disciplinary proceedings is not punishment but the protection of the public.8 [45] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ...

3. [2015] NZEmpC 54 Goel v Director-General for Primary Industries [pdf, 266 KB]

   ...expert evidence of his psychiatric fitness to resume work for MPI. Mr Goel declined to do so. The Authority concluded: 2 … However, the only evidence provided by him showed that he had discharged himself from a public hospital’s mental health care against the hospital’s advice. That documentation also stated that Mr Goel should be taking medication and undergoing psychological treatment, but he had declined to do so, a position he maintains to this day. That is Mr Goel’s...

4. Darling v CAC 20002 & Penrose [2014] NZREADT 46 [pdf, 70 KB]

   ...under this Act; or (c) is incompetent or negligent; or (d) would reasonably be regarded by agents of good standing as being unacceptable.” [9] Rules 6.1, 6.2, 6.4, 9.1, 9.3, 9.6 and 10.2 of the Real Estate Agents (Professional Conduct Client Care) Rules 2009 read: 6.1 An agent must comply with the fiduciary obligations to his or her client arising as an agent. 3 6.2 A licensee must act in good faith and deal fairly with all parties engaged in a transaction. ... 6...

5. FINAL-2021-Research-Memorandum-Witness-Familiarisation.pdf [pdf, 300 KB]

   ...whose cases went to trial were asked to suggest ways to help victims with testifying. The most common suggestions were better explanations of the court process and of what to expect in the courtroom (e.g. preparation for defence tactics) and improved protections or wider 3 Gravitas Research and Strategy Ltd (2018) Improving the Justice Response to Victims of Sexual Violence: Victims’ Experiences, a research report commissioned by the Ministry of Justice. 4 Gravitas (ibid) at 58. 5...

6. [2021] NZREADT 36 - Lindsay-Penalty (13 July 2021) [pdf, 279 KB]

   ...Agents Act 2008 (“the Act”), in relation to his failure to properly supervise a salesperson; and [b] Second charge: under s 73(c) (wilful or reckless contravention of a provision of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), in relation to his failure to report to the Authority his suspicion that a salesperson may have been guilty of misconduct. [2] An agreed summary of facts has been filed and the hearing was for the pur...

7. Regulatory Impact Statement Management of returning offenders to New Zealand [pdf, 287 KB]

   ...this RIS includes reoffending data from offenders deported between 2000 and 2002, INTERPOL data on deported offenders between 2013 and 2015, and statistics on upcoming deportations provided by the Australian Department of Immigration and Border Protection. The designs of some options in this RIS are the result of previous policy decisions. Due to previous policy decisions, the RIS also does not consider alternatives to post-deportation supervision, such as allowing for New Zealander...

8. Regulatory Impact Statement Management of offenders returning to New Zealand [pdf, 287 KB]

   ...this RIS includes reoffending data from offenders deported between 2000 and 2002, INTERPOL data on deported offenders between 2013 and 2015, and statistics on upcoming deportations provided by the Australian Department of Immigration and Border Protection. The designs of some options in this RIS are the result of previous policy decisions. Due to previous policy decisions, the RIS also does not consider alternatives to post-deportation supervision, such as allowing for New Zealander...

9. [2023] NZEnvC 188 Wakatipu Equities Ltd v Queenstown Lakes District Council [pdf, 414 KB]

   ...instruments sufficiently clear without the need to draw from such extraneous sources. Overview of the NPS-HPL Objective and policies as to highly productive land [10] The NPS-HPL has a single objective (in cl 2.1): Highly productive land is protected for use in land-based primary production, both now and for future generations. [11] The NPS-HPL specifies several associated policies (cl 2.2), including: Policy 1: Highly productive land is recognised as a resource with finite...

10. LCRO 153/2022 YA v CK (16 July 2024) [pdf, 234 KB]

    ...as to preserve your rights to a challenge if warranted. [17] At 3:13 pm on 1 March, Ms YA sent the below email to Ms JV: In addition to my earlier email I am advised that any beneficiary has up to 12 months to challenge a Will under the Family Protection Act. Probate was only granted in September 2018 so the 12 months has not expired. I request and direct that the estate not be distributed before this period of time in accordance with the term under the Act and I wish my legal righ...