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1. Mairs v The Real Estates Agents Authority (CAC 413) NZREADT 9 [pdf, 819 KB]

   ...authorised was a belief that was not formed as a result of making responsible and sufficient enquiries. It may be that a state of mind which was honestly held but could not have been held by any reasonable agent as a result of making sufficiently careful and thorough enquiries may not save an agent from a charge of disgraceful conduct. The precise ambit of the charge in such a scenario is a matter that can be left for another occasion. [34] In the specific factual context of this c...

2. Summit v REAA & Lewis [2011] NZREADT 38 [pdf, 108 KB]

   ...upon which transactions involving the sale and purchase of a property rest and, as such, is the cornerstone of the current Act and its regulatory regime. There is further regulation under the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 particularly as Dr McKenzie put it; “(a) Rule 9.5: appraisal and pricing. Read together with rule 9.8(a) (see below), a written appraisal of the property (that is, of the sale price) is required before a client is invit...

3. [2014] NZEmpC 64 Fox v Hereworth School Trust Board No 5 Interlocutory [pdf, 142 KB]

   ...of the two meetings of the Board of 18 December 2009 and 12 January 2010. If there are portions of those notes recording legal advice provided by Mr Webster to the Board on those occasions, then the privilege that attaches to such advice can be protected properly by redacting from the notes of those meetings made by counsel, those portions of them containing that advice. [33] Finally, because it has been referred to in the defendant’s submissions in reply filed on 14 April 2014,...

4. Naera v Fenwick - Whakapoungakau 24 Trust [2011] Māori Appellate Court MB 301 (2011 APPEAL 301) [pdf, 118 KB]

   ...(“Ormat”). 1 (2010) 15 Waiariki MB 279 (15 WAR 279-345). 2 (2011) 34 Waiariki MB 151 (34 WAR 151-171). 2011 Maori Appellate Court MB 302 [2] The applicants maintain that the stay is essential to protect their position until the Māori Appellate Court has heard their appeal, which is scheduled to be heard on 21 July 2011, and until there has been an independent technical geothermal report completed and the owners consulte...

5. Karena v Karena - Whangaruru Whakaturia 1D6B9 A, B, C, and D (2005) 102 Whangarei MB 259 (102 WH 259) [pdf, 368 KB]

   ...Even if I am wrong in respect of the other three blocks in this cluster, I am satisfied that Tamaar's own wishes should be given decisive weight in respect of her block. The starting point must be this is her land. She has clearly thought carefully about the future of this land. She feels connected to it and does not wish to lose it. She is to some extent estranged from her father and, while that is unfortunate, she is mature enough now to decide the nature and form of her re...

6. BORA Financial Markets (Regulators and KiwiSaver) Bill [pdf, 356 KB]

   ...Bill that do not amount to a search and seizure (those that do will be discussed below) are strictly limited to what is needed for the FMA to carry out its duties. Where the compulsion equates to search and seizure, there are significant procedural protections. • Balancing the ability of the FMA to make a confidentiality order, cl 43 provides for the publication of information, documents or evidence with the FMA’s consent and that consent may not be unreasonably withheld. In addit...

7. JK v Molloy LCRO 155/2013 (14 April 2016) [pdf, 151 KB]

   ...the status of the legal profession and to establish the new profession of conveyancing practitioner. [149] Mr Molloy’s evidence is that his comments are all made with a view to maintaining public confidence in the provision of legal services, protecting consumers of legal services, and to ensuring that the status of the legal profession merits recognition. He refers to admonishments in his QC’s warrant to act for the good of her Majesty’s subjects. [150] There is no reason...

8. Best v CAC 406 & Ellis [2016] NZREADT 34 [pdf, 148 KB]

   ...Mr Best. The facts on which the breach of the Rules were founded are different and make comparisons inappropriate. [26] A penalty is imposed upon a licensee for three purposes: (a) To maintain standards of the real estate profession; (b) To protect public safety to ensure that licensees who are not complying with the Act are suitably regulated; and (c) In some circumstances to punish the agent. [27] The Tribunal have considered these purposes and do not consider that there is a...

9. BORA Commerce Amendment Bill [pdf, 418 KB]

   ...otherwise. 20. There are two limbs to the section 21 right. First, section 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, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 21. A number of provisions of the Bill already canvassed confer powers of search and seizure that also require scrutiny for complia...

10. BORA Search and Surveillance Powers Bill [pdf, 314 KB]

    ...18 Search of person or vehicle and attendant entry to place or vehicle of armed person where that person in breach of the Arms Act, incapable of controlling the arms, at risk of killing or causing bodily injury or is or could be subject to a protection order Safety / regulated activity 19 Search of place or vehicle for certain controlled drugs and precursor substances where offending suspected and risk of loss of evidence Regulated activity / likelihood of loss of evidence...