Search Results

1. TE v Wellington Standards Committee LCRO 100/2010, 92/2011, 153/2012 (1 February 2013) [pdf, 126 KB]

   ...reach a finding of misconduct - that is a charge that may only be brought before the Tribunal.12 [82] A finding by the Standards Committee that a bill of costs is not fair and reasonable constitutes a breach of rule 9 of the Conduct and Client Care Rules.13 The term “unsatisfactory conduct” is defined in section 12 of the Act and includes by reason of section 12(c) “conduct consisting of a contravention of this Act, or of any regulations or practice rules made under this Ac...

2. Summary of submissions on Phase Two of the AML/CFT reforms [pdf, 700 KB]

   ...legal professional privilege should be available.  The concept of ‘privileged communication’ is too narrow. 16  The Act is inconsistent with the Evidence Act 2006 and the Search and Surveillance Act 2012.  There needs to be careful consideration of the protection of legal professional privilege if onsite inspections of lawyer’s offices are undertaken.  There needs to be greater clarity on where the line between legal professional privilege and AML/CFT obli...

3. CH v DX LCRO 296 / 2012 (10 October 2013) [pdf, 100 KB]

   ...of decision- 6 Standards Committee Determination (5 October 2012). 5 making. b. The public interest required consideration of the extent to which publication would provide some degree of protection to the public and the profession. See S v Wellington District Law Society [2001] NZAR 465, at p469. c. The common law of New Zealand recognised the major interest in openness of proceedings before courts and tribunals. The val...

4. [2021] NZEnvC 056 Smith v Nelson City Council [pdf, 936 KB]

   ...22. If persistent soft and wet areas or slide planes are identified during the earthworks these shall be shall be undercut and replaced with compacted hard fill unless not-deemed necessary by the geotechnlcal engineer. Earthworks - removal of existing protection measm·es 23. The existing slope protection measures Installed across the toe of the landslide which are providing protection to downslope properties shall be maintained, (or, with specific review and certification from the geotechnl...

5. COVID-19 Communications to Family Violence Providers [pdf, 321 KB]

   ...for using it. 6 • Protect your identity: When using audio and video sharing apps it’s important to protect yourself by not sharing any personal information about yourself with the app or other users if you don’t know. Stop and think carefully about the details you’re disclosing or whether they need to be entered online. Q: How do I record the amount of time I am spending with clients? All client work should be recorded in client files and agency systems. The amount of...

6. [2024] NZREADT 35 – CAC 2108 v Barfoot Thompson (20 September 2024) [pdf, 143 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [32] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:2 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish t...

7. Clearwater Trust v Flora Creative Limited [2012] NZWHT Auckland 9 [pdf, 174 KB]

   ...ISSUE A – Have the claimants proven their claim against Flora Creative Limited ........................................................................................................... 9 ISSUE B – Did Mr Paul Clarke personally owe a duty of care to the claimants to administer the day-to-day operations of Flora Creative in such a way as to ensure quality control of the construction of its houses? .............................. 11 ISSUE C – Did Mr Paul Clarke personally owe the...

8. Reducing serious crime results action plan 2017 [pdf, 147 KB]

   ...addiction) to identify intervention points, barriers to delivering on the current system and opportunities to improve the responses to these offenders. • Investment in AOD treatment and support; better mental health for offenders – AOD Aftercare workers; community residential Treatment and Intensive Outpatient programmes; Offender Digital Health Services – more therapeutic environments, focused on supporting people at risk to make them well enough to leave the unit, stay saf...

9. Waitangi Tribunal theme Q - Foreshore [pdf, 559 KB]

   ...foreshore claims to made out and proved in the ordinary manner. Not all parts of the foreshore are equally important, and possibly for much of it the Land Court would not be persuaded to issue a certificate of title. Yet another possibility is to consider carefully the possibility of some new form of title which will recognise both the historic property rights of the tribes and the importance of public access today. The highest and best formulation of the Crown’s title to the foreshore...

10. [2025] NZREADT 39 - QU & Ors v REAA (3 September 2025) [pdf, 259 KB]

    ...advice was, however, proved in 2023 to be inaccurate. The CCC in 2012 had no effect on the status of the original dwelling. [25] The Committee found there was no breach of r 10.7 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules) by Mr Collins as he was not aware of any known defect and it would not have appeared likely to him the property might be subject to an underlying defect. He was not obliged to inform the purchasers of a significa...