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1. Naera v Fenwick - Whakapoungakau 24 Tikitere Trust [2011] Māori Appellate Court MB 316 (2011 APPEAL 316) [pdf, 194 KB]

   ...244 applies in this case. They submit that there is no such obligation at common law. 9 The respondents assert there is no requirement to consult under the trust order. They acknowledge Judge Harvey‘s comments that ―a wise trustee will take careful account of what owners have to say, particularly where that owner‘s opinion is in the majority‖ 10 however they also point out, as His Honour noted, ―owners also have some responsibility‖. 11 They submit that there is no...

2. Family justice: An administrative review of family justice system reforms [pdf, 967 KB]

   ...to resolve issues without the need to engage in formal court proceedings which can be adversarial and exacerbate conflict. The purpose of this report is to evaluate whether the changes made in the 2014 Family Justice reforms, primarily related to Care of Children Act 2004 (CoCA) proceedings, have achieved a number of intended benefits. The reforms aims were to create a family justice system which is responsive to children and vulnerable people; encourages individual responsibility where...

3. [2024] NZREADT 48 – CAC2105 v Chen, Stevenson & Buy West Realty (18 December 2024) [pdf, 565 KB]

   ...Real Estate Agents Act (2008) (the Act) in that her conduct constituted a wilful or reckless contravention of the Act by failing to meet the standards set by rr 5.1, 6.1 and 9.13 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). In the alternative, Ms Chen is charged with misconduct under s 73(b) of the Act in that her conduct constituted seriously incompetent or seriously negligent real estate agency work. As a further alternative, Ms...

4. Kashimoto v Mizoguchi [2016] NZIACDT 74 (21 November 2016) [pdf, 257 KB]

   ...ensure that appropriate standards of conduct are maintained in the occupation concerned. [27] The statutory purpose is achieved by considering at least four factors that materially bear upon maintaining appropriate standards of conduct: [27.1] Protecting clients: section 3 of the Immigration Advisers Licensing Act 2007 (the Act) states that “[t]he purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” 7 [27...

5. Croon v Māori Trustee - Kekerione 31B (2024) 84 Te Waipounamu MB 224 (84 TWP 224) [pdf, 285 KB]

   ...gardens and their home). Currently they run a relatively small herd of cattle. At the narrow end of the block adjoining Petre Bay and close to a lake on the adjacent land, they have put in fencing and are progressively planting trees in order to protect the sand dunes. They have fenced off a small area (outside of the proposed partition area) for future use as an urupā and they have also fenced off areas of wetland that are regenerating. They continue to undertake gorse control, whic...

6. CAC 2106 v Hu [2024] NZREADT 36 (23 September 2024) [pdf, 143 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [12] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:1 …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. [2015] NZSSAA 009, 13 February [pdf, 66 KB]

   ...bedroom and her son the other. The third room was occupied by the appellant. [19] Mrs XXXX also gave evidence of the appellant ringing her and asking her not to speak to Work and Income about her situation. [20] Mrs XXXX gave her evidence in a careful and considered way. She clearly believed on the basis of her observations and interaction with Mr XXXX that he lived at the property with the appellant. [21] Other evidence included in the s 12K report included evidence of Mr X...

8. Tan v CAC20005 & Anor [2015] NZREADT 12 [pdf, 199 KB]

   ...and that the tenant in the front unit had been there approximately three months, since the vendor had refurbished it. 2.3 Before advertising the property, in order to ensure that he complied with rule 10.7 of the Professional Conduct and Client Care Rules (i.e. the process to follow when listing and advertising a property in the absence of a LIM), the second respondent obtained from the vendor a signed listing authority which confirmed that there were no defects or unpermitted works....

9. CN v AKSC1 LCRO 106 / 2010 (23 September 2010) [pdf, 116 KB]

   ...findings, and that the report took a more negative view of the Practitioner‟s conduct than the circumstances warranted. Objection was taken to the absence of any reference to the costs factors that are set out in Rule 9.1 of the Conduct and Client Care Rules which are the guiding principles to charging fees. The Applicant had provided his own costs assessor‟s report (the B report) to the Standards Committee which he considered fully answered the allegations. [4] Notwithsta...

10. LCRO 3/2016 RC and RD v ZC (30 June 2017) [pdf, 123 KB]

    ...settlement go ahead. It is unfair that Standards Committee don’t consider that ZC did not mention us the structure changed ahead. 4. We are not very good at English and we don’t familiar with the New Zealand Law. We need lawyer’s help who can protect our legitimate right and lead us under the New Zealand Law, and let the buying under our willing. So at the beginning, we were very politeness and trusted ZC so much. It is very grieved that he cheated us and harmed our legitima...