Search Results

1. [2020] NZREADT 51 - [Appellant] v Real Estate Agents Authority (21 October 2020) [pdf, 309 KB]

   ...that as a consequence of not being advised as to the end date of the renewed agency agreement, he and [his wife] were locked in with the Agency for longer than they wished to be. He submitted that the Tribunal should recognise that the consumer-protection procedures and processes set out in the Real Estate Agents Act 2008 (“the Act”) and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) were not followed. [36] He submitted that Ms Fo...

2. INZ (Calder) v Ahmed [2019] NZIACDT 18 (2 April 2019) [pdf, 225 KB]

   ...applications involved a lot of clerical work. The staff did educate the clients in letters containing immigration advice, but they specifically 7 mentioned that the advice was provided by the licensed adviser. There might have been some careless instances in a few messages but these were all inadvertent. Mr Ahmed sent with his letter a table identifying the various steps in a residence process, stating whether it was performed by an employee or the adviser and therefore cate...

3. RIS - Enabling election day enrolment [pdf, 532 KB]

   ...accessibility for electors. A key objective of electoral work is to uphold the principles of the Treaty of Waitangi. In its report on the Māori Electoral Option, the Waitangi Tribunal found that the Crown is under a Treaty obligation to actively protect Māori citizenship rights and in particular existing Māori rights to political representation conferred under the Electoral Act 1993. 11 This duty of protection arises from the Treaty generally and in particular from the provisions...

4. Breaking the inter-generational cycle of family violence and sexual violence [pdf, 1.2 MB]

   ...with their lives. 12 Many of the services needed (for example, alcohol and drug services) are not readily available. Children exposed to violence do not generally receive help if the violence they are exposed to has not escalated to the justice or care and protection system. There are few services in place to mitigate the life-long impacts exposure to violence has on child wellbeing. 13 Family and sexual violence cost New Zealand between $4 billion and $7 billion each year and place a...

5. 2025 NZSSAA 01 [pdf, 338 KB]

   ...the last 45 years, tikanga Māori has been woven back into modern New Zealand law and policy.31 58. In Takamore v Clarke,32 Elias CJ concluded that the law cannot give effect to customs or values which are contrary to statute but must take care to identify the custom or values that are truly relevant to its determination. 59. As referred to by Ms Northey, in Takamore v Clarke Elias CJ affirmed that the disposal of a human body is of great significance to the living and...

6. Grindle v CAC 20004 & Bracey [2014] NZREADT 85 [pdf, 48 KB]

   ...to cross-examine the licensee appellant as he did not dispute the evidence. General Principles [23] In determining an appropriate penalty, decisions of industry disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public (through both specific and general deterrence). While this may mean that orders made in disciplinary proceedings have a punitive effect, this is not their purpose Z v CAC [2009] 1 NZLR 1 at [97]. As McGrath J said for t...

7. BORA Search and Surveillance Bill [pdf, 334 KB]

   ...is present. For example, a search of the private areas of a house will necessitate greater justification than a search of its grounds.[7] 9. It is also noted that s 21 is to be applied without reference to the provision for justified limitation of protected rights in s 5 of the Bill of Rights Act: the Supreme Court has held that an unreasonable search or seizure is not open to justification.[8] 10. Third, the general requirement of a judicially issued warrant provides prior and indepe...

8. BORA Marine and Coastal Area (Takutai Moana) Bill [pdf, 408 KB]

   ...Those grounds include race and ethnic origin. [6] 18. The Bill treats those holding customary rights differently from the holders of other categories of title: 18.1 The Bill accords holders of customary title a range of statutory rights and protections, including greater and/or potentially greater rights in respect of resource management and other decision-making. Customary title holders will not, however, have a general right of exclusive occupation – and so will not be able to...

9. [2018] NZEnvC 028 McIntyre v Canterbury Regional Council [pdf, 2.9 MB]

   ...the Resource Management Act 1991 , the Environment Court orders that D R Mcintyre and Waitaki Trustees Golden Acres Ltd are to pay Uointly and severally): (a) $32,500 to Mackenzie Guardians Incorporated; and (b) $37,000 to Royal Forest and Bird Protection Society of New Zealand Incorporated. B: Under section 286 of the Resource Management Act 1991 , the District Court at Timaru is named as the Court this order may be filed in for enforcement purposes (if necessary). MciNTYRE &...

10. Afemui v Tangilanu [2014] NZIACDT 94 (01 October 2014) [pdf, 199 KB]

    ...(this complaint is one of them), where I have prevented Ms Tangilanu reapplying for a licence for two years, I explain why I do not consider rehabilitation is realistic. The sanctions relating to Ms Tangilanu’s ability to hold a licence address the protection of the public and the desirability of rehabilitation. In relation to the other sanctions, the orders excluding Ms Tangilanu from practising are taken into account as part of the matrix of penalties. [13] Each of the 12 complaints...