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1. BORA Harmful Digital Communications Bill [pdf, 303 KB]

   ...Rights, to which the Bill of Rights Act is in part directed to give effect, provides in art 19(3) that the right to freedom of expression may be restricted to the extent necessary “for respect of the rights or reputations of others” or for the protection of public order or morals; and 15.2 More specifically, serious emotional or other harm has been accepted as a due basis for restriction of expression. 16. Here: 16.1 The District Court may only make an order if a serious...

2. READT annual report 2021 [pdf, 215 KB]

   ...constitutes an offence for which the licensee has been convicted, and which reflects adversely on the licensee’s fitness to be a licensee. Many of the cases that come before the Tribunal involve complex issues of law and/or fact, which require careful consideration. The Tribunal has built up a considerable body of precedent decisions, which provide guidance to Complaints Assessment Committees, and the industry as a whole. Page | 5 Decisions of the High Court and...

3. [2017] EmpC 155 Quality Consumables v Hannah [pdf, 150 KB]

   ...outcome of the proceedings presently in the High Court may be predictable. Concern also needs to be expressed about the position of a director continuing to trade a company when it is clearly insolvent.4 I note in that context that Mr McCormick carefully makes a distinction between cashflow and liquidity. Of course, the plaintiff has filed no evidence in opposition to the application for security for costs to verify the assertions made on its behalf. Also, very little, if any, e...

4. BORA Veterinarians Bill [pdf, 95 KB]

   ...using their services have confidence in them. Veterinarians not only deal with animals and their owners, they also play an important role in food assurance systems, assist in ensuring that New Zealand’s export markets for meat and dairy products are protected (i.e. that the country’s export comply with importing country requirements), and assist in reducing bio-security risks to the country. In our opinion, the identified discrimination appears to be justified in terms of section 5 of...

5. [2013] NZEmpC 214 South Pacific Ltd v Tian [pdf, 75 KB]

   ...Ltd [2011] NZEmpC 139. 3 Regulation 6(2)(a)(ii). 4 EMC Auckland AC15/07, 27 March 2007. overall interests of justice, having regard to the particular circumstances of the case before it. The interests of both parties must be weighed carefully. [7] As the Court of Appeal observed in A S McLachlan Ltd v MEL Network Ltd: 5 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken a...

6. IA v QZ and MA LCRO 205 / 2010 (18 June 2012) [pdf, 88 KB]

   ...involving clients who contacted him personally to the law firm where Mr M practised. [7] Mr M also provided a response on behalf of the Applicant, informing the Society that he had come to an agreement with the Applicant that he should take great care not to breach the undertaking and that his practice would take up any further matters involving B or his related entities. Mr M submitted that it was not correct that the Applicant continued to act against B, but explained that his...

7. Stratton v REAA & Mathews [2013] NZREADT 37 [pdf, 58 KB]

   ...bring about a transaction; and [c] notwithstanding that Mr Stratton’s basis for claiming is contractual under the agreement, the inclusion of such a clause is a breach of Rule 9.12 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 (“the Rules”). That Rule is set out below. Relevant Sections of the Act [12] The offences of “unsatisfactory conduct” and “misconduct” are respectively defined in ss.72 and 73 of the Act as follows: “72 Unsa...

8. BORA Limitation Bill [pdf, 285 KB]

   ...commented (at [51]): “It is noteworthy that limitation periods in personal injury cases are a common feature of the domestic legal systems of the Contracting States. They serve several important purposes, namely to ensure legal certainty and finality, protect potential defendants from stale claims which might be difficult to counter and prevent the injustice which might arise if courts were required to decide upon events which took place in the distant past on the basis of evidence...

9. Nisha v Devi [2011] NZIACDT 26 (5 September 2011) [pdf, 85 KB]

   ...unsupervised. That penalty makes it appropriate to ameliorate the financial penalties that would otherwise apply. That is due to the potential effect on the Adviser’s means to pay a penalty, and because that restriction on her professional practice will protect the public without the need to rely solely on a financial penalty to signal the gravity of the offending. [14] Accordingly, the effect of the other complaints is favourable to the Adviser in terms of the penalties that will be i...

10. Century 21 Wellington Limited v Complaints Assessment Committee 412 [2017] NZREADT 47 [pdf, 150 KB]

    ...unsatisfactory conduct in that Century lacked proper office systems and financial controls to safeguard client funds. (b) In breach of ss 50 (1) and (2) of the Act, and Rules 8.3 and 8.4 of the Real Estate Agents Act (Professional Conduct and Client Care Rules 2012 (“the Rules”) Century failed to provide a suitable supervision structure and framework to ensure that the licensees were supervised appropriately. Century’s inadequate supervision structure allowed Schembri as a n...