Search Results

1. MOJ0048.7_JUN21_WEB.pdf [pdf, 438 KB]

   ...crime is also: • a parent or legal guardian of a victim who is a child or young person, as long as the parent or legal guardian has not been charged with the crime, or • the immediate family members of someone who dies, or can no longer take care of themselves, because of a crime committed by someone. What services are available to victims? There’s a range of services to help you at each stage in the criminal justice system and youth justice system. You can also get personal su...

2. Revill v Registrar of REAA [2011] NZREADT 41 [pdf, 125 KB]

   ...of the community having regard for the legal profession. [17] We accept that this principle is equally applicable to licensing decisions under the Act which is a piece of consumer legislation and s.3 puts its purposes as: “to promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.” [18] It has been put that the number and range of the applicant’s cri...

3. CAC 10054 v Subritzky [2012] NZREADT 20 [pdf, 122 KB]

   ...industry into disrepute and which, for that reason, agents of good standing or reasonable members of the public would consider to be disgraceful. It is noted that both the former REINZ Rules (rule 13.1) and the current Professional Conduct and Client Care Rules 2009 (rule 6.3) contain provision for proper conduct so as not to bring the industry into disrepute. [17] We have recognised that s.73(a) may apply to conduct by a real estate agent outside of real estate agency work. In CA...

4. [2022] NZEmpC 85 Crest Commercial Cleaning Ltd v Total Property Services (Canterbury) Ltd [pdf, 234 KB]

   ...Crest’s success in securing a contract to provide cleaning services for a Christchurch high school, displacing Total Property.3 [3] Crest’s success triggered pt 6A of the Act providing for the continuity of employment for certain employees. The protection provided to them by pt 6A enabled the affected employees to elect to transfer their employment from Total Property to Crest on the same terms and conditions of employment.4 Where such an election is made, s 69OEA of the Act...

5. Fredricsen v Hikuwai - Wainui D Block (2016) 143 Taitokerau MB 135 (143 TTK 135) [pdf, 212 KB]

   ...injunction, applicants must also fulfil the legal elements relating to the action of trespass before the Court will exercise its jurisdiction to grant the remedy. These elements are set out below: The action for trespass to land is primarily intended to protect possessory rights, rather than rights of ownership. Accordingly, the person prima facie entitled to sue is the person who had possession of the land at the time of the trespass. Actual possession consists of two elements: th...

6. BORA Land Transport (Road Safety and Other Matters) Amendment Bill [pdf, 361 KB]

   ...range of situations in which a vehicle must be seized and impounded. Given that the person whose vehicle has been impounded or driver licence has been suspended may subsequently be prosecuted for an offence, we have considered whether the right to protection from double jeopardy, affirmed in s 26(2) of the Bill of Rights Act, is engaged. • We note that the former Attorney General’s s 7 report on the Act considered whether those provisions for mandatory vehicle impoundment and mand...

7. Establishment of Canterbury Earthquakes Insurance Tribunal (2) [pdf, 402 KB]

   ...27. This approach is more limited than the courts, which have full discretion to award costs and expense, but: 6 27.1. allows the Tribunal to consider awarding costs as a way of encouraging parties to focus on quick resolution; and 27.2. protects claimants against exposure to a high financial risk, possibly making filing with the Tribunal more attractive to some claimants. 28. This approach is consistent with provisions in tribunals such as the Disputes Tribunal and the We...

8. Lethbridge v The Real Estate Agents Authority (CAC) & Fenton [20181] NZREADT 29 [pdf, 240 KB]

   ...submitted, with some apparent justification, that the question of whether a binding contract was entered into or not was not the issue which the CAC had to determine. The issue is whether the licensee behaved with impropriety in not taking steps to protect Mr Fenton by ensuring he got legal advice in circumstances where there was reason to suppose he was of impaired mental ability. 3 BD 557 paragraphs 4.14 and following. [10] F...

9. Proactive release - Real Estate Authority (Licensing) Amendment Regulations 2021 [pdf, 1.8 MB]

   ...qualifications must be completed for them to be recognised for a licence application. This requirement may affect applicants wishing to begin work in the industry after time spent elsewhere, such as those who: 7.1 are returning to the workforce after caring for children or other family members, or have been ill; 7.2 have worked in a related industry such as residential property management and would now like to undertake real estate agency work; or 7.3 have completed their Level 5-6 branc...

10. LCRO 213/2017 AA v BB and CC (26 April 2018) [pdf, 176 KB]

    ...related to the one [Town] house purchase, it was appropriate to aggregate them with the result that the total fees charged ($4,411) was open to examination. [16] Turning to r 9.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (LCCCR), the Committee noted its non-exclusive catalogue of factors that might warrant consideration for the purpose of determining whether fees of $4,411 were fair and reasonable having regard to the interests of both the cl...