Search Results

1. [2022] NZEnvC 226 Wellington City Council v Liffey Street Limited [pdf, 294 KB]

   ...risk now posed to the neighbouring properties from the potential for subsidence. 43 I do not have any confidence that Mr Vasist will comply with any abatement notice the Council serves. The strong impression we have is that Mr Vasist does not care about taking the precautions required to ensure the effects of his development are contained to the construction site. Reluctantly, my manager and I have concluded that we need the Court to make an interim enforcement order and hope that...

2. Auckland Standards Committee 5 v Yoo [2016] NZLCDT 35 [pdf, 100 KB]

   ...responsibility, has led to him setting matters in order and we will refer more specifically to that under the discussion of “mitigation”. [5] We record, as has been said many times, that the purposes of penalty in the disciplinary jurisdiction is to protect the public, to maintain the standards of the legal profession, to maintain the reputation of the profession and the public’s confidence in it as a result. [6] The starting point for assessing proper penalty is to consid...

3. [2023] NZREADT 35 - UM v REAA (CAC 2103) (13 December 2023) [pdf, 226 KB]

   ...paid in the immediate past and had failed to review the owner’s bank statements and inform the purchaser of the reduced rent paid. This was found to be a breach of rr 5.1 and 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules) and to amount to unsatisfactory conduct. [3] The Tribunal made a non-publication order: [142] The Tribunal can restrict publication of its decision in accordance with s 108(1) of the Act. In light of the outcome...

4. Twigley v New Zealand Law Society [2023] NZLCDT 28 (18 July 2023) [pdf, 148 KB]

   ...fresh start, he has adopted a community-minded and unselfish approach to helping others in need. 15 See above n 8. 7 [19] For obvious reasons, we cannot place weight on the positive references from his family members. In fact, in a protective jurisdiction such as this, personal references can rarely be accorded much weight unless they specifically address, for example, the work a practitioner has put into addressing underlying causes of the misconduct. That sort of en...

5. Summit v REAA & Lewis [2011] NZREADT 38 [pdf, 108 KB]

   ...approved guide to be provided before an agency agreement for residential property is signed; and s.128 that an agency agreement must disclose rebates, discounts and 6 commissions. As she said, those provisions provide substantial consumer protections; and it is important that a consumer is clearly advised when potentially incurring significant financial liability; and an agency agreement is the foundation upon which transactions involving the sale and purchase of a property res...

6. BORA Financial Markets (Regulators and KiwiSaver) Bill [pdf, 356 KB]

   ...Bill that do not amount to a search and seizure (those that do will be discussed below) are strictly limited to what is needed for the FMA to carry out its duties. Where the compulsion equates to search and seizure, there are significant procedural protections. • Balancing the ability of the FMA to make a confidentiality order, cl 43 provides for the publication of information, documents or evidence with the FMA’s consent and that consent may not be unreasonably withheld. In addit...

7. [2021] - NZREADT 09 - Complaints Assessment Committee 1905 v Papuni (24 February 2021) [pdf, 265 KB]

   ...“seriously incompetent or negligent real estate agency work”. Work of that nature would also involve a marked and serious departure from particular standards; the standards to which s 73(b) is directed are those relating to competence and care in conducting real estate work. [19] We accept Ms Paterson’s submission that the highest standards of honesty are fundamental in the real estate industry, and that consumers and other interested parties, including mortgagees, must be...

8. Auckland Standards Committee 1 v Hooker [2018] NZLCDT 15 [pdf, 250 KB]

   ...not do so. He referred to the passage in Cordery on Legal Services (9th edition) where it reads: “While it is the duty of a solicitor to warn his client of the legal risks of a proposed transaction or to try and prevent useless litigation or to protect the client from the risk of being involved in litigation, it remains the right of the client, who at all material times remains the dominis litis, to choose ultimately how to proceed.” [20] The question then becomes what level of s...

9. BORA Securities Legislation Bill [pdf, 122 KB]

   ...offence. Conclusion 26. In our view the limit these presumptions, strict liability offences, and reverse onus offences place on section 25(c) of the Bill of Rights Act is justified in terms of section 5 of the Bill of Rights Act. Section 26(2): protection against double jeopardy 27. Section 26(2) of the Bill of Rights Act affirms the double jeopardy protection: the right not to be tried or punished for an offence twice. 28. The Bill proposes some amendments to the Securities Act...

10. Hall v Opepe Farm Trust (2010) 22 Waiariki MB 47 (22 WAR 47) [pdf, 131 KB]

    ...considering the refusal by the insurers to honour the trustee liability insurance claim for costs and were still deciding on what further steps to take if any; (f) the trustees noted that the farm advisor contract was not completed; (g) Environmental Protection Authority resource consent applications by Contact Energy Limited concerning Opepe lands had been responded to with detailed submissions from the Trust to protect its position; (h) Opepe land titles had been incorrectly ves...