Search Results

1. The Registrar of Immigration Advisers v Niland [2018] NZIACDT 52 (21 December 2018) [pdf, 262 KB]

   ...admitted by her and she has ceased operating in this way. [3] The essential issue to consider is whether Ms Niland set up a business practice to deliberately circumvent her professional obligations or whether, as her counsel contends, she was careless in permitting staff of the company to perform immigration services which only a licensed adviser can undertake. BACKGROUND [4] Ms Niland is a licensed immigration adviser. Her company is Visas NZ Ltd. She is based in New Zealan...

2. Lethbridge v The Real Estate Agents Authority (CAC 403) & Fenton, Fenton v The Real Estate Agents Authority (CAC 403) & Lethbridge [2018] NZREADT 58 [pdf, 506 KB]

   ...had in fact been initialled by the vendor, Mr Fenton. While the Committee found that two copies of the Agreement had been initialled by Mr Fenton, it still considered that the practices adopted by Ms Lethbridge had been characterised by a lack of care.1 The Committee expressed the view that the breach that occurred amounted to conduct in breach of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules) “at a very low level”. A fine of $1500 was i...

3. LCRO 130/2021 TF v SM (8 May 2025) [pdf, 276 KB]

   ...doubled at that point. [28] Also in May 2018, the liquidator advised the applicant that she had suffered a major medical event requiring emergency surgery, that she was taking leave of absence to convalesce and that the respondent would “take care of the liquidation” in her absence. [29] In July 2018, the respondent advised the applicant by email that another company (Company D) had expressed interest in buying the land. The respondent set out his view of the essential lega...

4. [2019] NZEmpC 34 Emmerson v Northland District Health Board [pdf, 908 KB]

   ...Background Overview of facts [3] Dr Lynda Emmerson1 worked as a junior doctor for the Northland District Health Board (NDHB) from 2012 until 2015. For much of this time, she worked on the Tumanako Inpatient Unit (the Unit). It provided mental health care for adult inpatients, at Whangarei Hospital. [4] Dr Emmerson did well on the whole as a house officer when working in the Unit in 2014. On becoming a registrar in the same Unit in December 2014, problems arose. [5] First,...

5. AG v ZQ LCRO 204/2011 (14 February 2014) [pdf, 102 KB]

   ...Complainant provided more information relating to the various matters identified in his original complaint letter. [13] The purposes of the Lawyers and Conveyancers Act 2006 is to maintain confidence in the provision of legal services and to protect consumers of legal services. The preliminary task for this review was to examine whether the information now provided by the Complainant disclosed conduct that would justify returning the matter to the Standards Committee for enquiry....

6. CAC v Hughes and Hape, CAC v Hughes and Lal [2016] NZREADT 57 [pdf, 336 KB]

   ...of Sentencing [22] The Tribunal must consider four matters when considering imposition of a penalty as set out in Real Estate Agents Authority v Lum-on [2012] NZREADT 47. [23] A penalty must fulfil the following functions. They are: [a] Protecting the public Section 3 of the Real Estate Agents Act provides that this is one of the purposes of the Act. [b] Maintenance of professional standards This was emphasised in Taylor v The General Medical Council and Dentice...

7. Complaints Assessment Committee (CAC 409) v Cartwright [2018] NZREADT 25 [pdf, 264 KB]

   ...4 Section 3(1) of the Act. 5 Section 3(2). [13] Penalties for misconduct and unsatisfactory conduct are determined bearing in mind the need to maintain a high standard of conduct in the industry, the need for consumer protection, maintenance of confidence in the industry, and deterrence. [14] A penalty should be appropriate for the particular nature of the misbehaviour, and the Tribunal should endeavour to maintain consistency in penalties imposed for simil...

8. [2015] NZEnvC 105 Opoutere Ratepayers and Residents' Association v Waikato Regional Council [pdf, 2.2 MB]

   BEFORE THE ENVIRONMENT COURT Hearing at: Court: Appearances: Decision No. [2015] NZEnvC lOS IN THE MATTER of an appeal pursuant to clause 14(1) of Schedule 1 of the Resource Management Act 1991 (the Act) in relation to proposed changes to the Waikato Regional Policy Statement BETWEEN AND OPOUTERE RATEPAYERS AND RESIDENTS' ASSOCIATION (ENV-2012-AKL-000253) Appellant W AIKATO REGIONAL COUNCIL Respondent at Hamilton, 23 October 2014; 18 November 2014 and s

9. CAC20009 v Li [2015] NZREADT 48 [pdf, 212 KB]

   ...because of his early guilty plea. This has been recognised by the Courts where the Supreme Court has said a reduction of about 30% of the proposed tariff is a reasonable reduction in penalty for an early plea of guilty. [23] The Tribunal have carefully considered this case. They consider that Mr Li’s deception was significant. As outlined in the facts, on numerous occasions, he continued to deny the association with his niece Ms Li Li. While there does not appear to have been any...

10. BORA Immigration Amendment Bill (No 2) [pdf, 328 KB]

    ...correspondence or otherwise. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a “search or seizure”. Secondly, where certain actions do constitute a search or seizure, s 21 only protects against those searches or seizures that are “unreasonable” in the circumstances. 17.Various provisions in the Bill appear to engage s 21. We will address each of these provisions in turn below. Requiring biometric informat...