Search Results

1. [2024] NZREADT 23 – CAC 2106 v Hu (29 July 2024) [pdf, 255 KB]

   ...(the Committee) with: (1) misconduct under s 73(a) of the Act (disgraceful conduct), or alternatively with misconduct under s 73(c)(iii)(wilful contravention of rr 6.1 and/or 6.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules)), or alternatively; (2) unsatisfactory conduct under s 72(b) (contravention of rr 6.1 and/or 6.3) and/or s 72(d) (work regarded by agents of good standing as unacceptable). [3] The particulars of the charges...

2. [2024] NZEnvC 291 Strain v Queenstown Lakes District Council [pdf, 3.2 MB]

   ...of the Schedule) for the approximate location and extent of the four subareas within LCU 11. Vegetation patterns Tall hawthorn hedging and mature poplar trees along the eastern side of Lower Shotover Road. Much of the road-side hawthorn hedging is protected under the District Plan, consent notices or conditions of consent. Exotic shelterbelts, woodlots, remnant gully/riparian vegetation, and exotic and indigenous amenity plantings on older rural and rural residential properties and aroun...

3. Bennett - Estate of Ronald Clifford Bennett (2017) 156 Waiariki MB 250 (156 WAR 250) [pdf, 241 KB]

   ...(2) The court shall not make an order under this section in favour of any person whose claim, in the opinion of the court, fell or falls within the jurisdiction of the High Court under the Law Reform (Testamentary Promises) Act 1949 or the Family Protection Act 1955. 156 Waiariki MB 260 (3) In enacting this provision, Parliament has in mind particularly the possibility of injustice arising in individual cases from the prohibitions enacted by this Act against the alienation o...

4. Regulatory Systems Amendment Bill [pdf, 218 KB]

   ...ensuring that a company does not have to lose its licence when it loses its agent license holder. 46. Explicitly include a requirement that a temporary licensee be a ‘fit and proper person’ to hold a licence. Ensure consumers are protected and maintain public confidence in the profession. 14 No. Act Amendment Expected impacts 47. Provide the Registrar of the Authority with a discretionary power to exempt an application for a licence from the requirement to...

5. 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...

6. LCRO 6/2022 ZED Limited v RK (21 February 2022) [pdf, 194 KB]

   ...the fact that the core instructions to Mr RK of issuing judicial review proceedings, were necessarily supplemented by injunction and caveat proceedings. The supplementary litigation produced a desired result for Mr YP in that his position was protected pending disposition of the judicial review proceedings. [87] An arithmetical calculation of the nett fees charged divided by Mr RK’s hourly rate, produces total time spent on the litigation and its related issues, of some 85 hours....

7. Martin v Accident Compensation Corporation (Treatment Injury) [2025] NZACC 35 (26 February 2025) [pdf, 263 KB]

   ...changed the treatment provided. [12] The parties agreed to phrase the issue to be determined as: Was Mr Chou’s decision to conduct left ulnar osteotomy correct – in other words, did that decision deviate from an objective standard of care? Medical Background. [13] Ms Martin presented to the emergency department at Wellington hospital on 5 December 2020. She left after being triaged but at that point the conclusion was a decreased range of motion and no deformity seen. A...

8. Robinson v CAC 20006 & Wagner [2014] NZREADT 57 [pdf, 62 KB]

   ...Trust had not been inserted in the listing agreement, and the complainant had not signed it. Advice had been given to the agency that both the trustees must sign all contractual documents. The licensee, as branch manager, should have exercised more care, competence and diligence in the listing of the property. The Committee said: “[4.9] The Committee finds that the Licensee in his position as branch manager of the Agency should have exercised more care, competence and diligence in...

9. GU v TI LCRO 258 / 2010 (19 December 2011) [pdf, 129 KB]

   ...reason that he did not comply with the Rules, the Trust Account Regulations or the Act. It is not therefore appropriate that Mr TI be ordered to refund the fees as sought by Mr GU. [79] One of the purposes of the Lawyers and Conveyancers Act is to protect the consumers of legal services (section 3(1)(b)). Any unauthorised dealing with client funds must have some disciplinary response if the purpose of the Act is to be upheld. In this regard I differ from the Standards Committee in...

10. Van Workum & Ors as Trustees of the Van Workum Family Trust v Auckland City Council [2010] NZWHT Auckland 20 [pdf, 210 KB]

    ...amount estimated to remedy those defects of $309,319.88 are conceded. CLAIM AGAINST ROWLEY JOHN CROWTHER [20] In their Closing Legal Submissions dated 22 March 2010 the claimants allege that real estate agents have both a tortious duty of care to purchasers in respect of advice given by the agent and that they are liable under the Fair Trading Act 1986 (FTA) for misleading conduct or misrepresentations. Based on the conduct of Mr Crowther leading up to the purchase of th...