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1. Tong & Anor v CAC 20004 & Ors [2014] NZREADT 3 [pdf, 126 KB]

   ...maintains that the licensee has demonstrated a lack of remorse. He emphasises a personal toll suffered by the appellants, allegedly, as a result of the licensee’s actions. [9] In our said substantive decision herein [2013] NZREADT 90, we took care to detail our reasoning for our findings. The appellants seem to wish to challenge these to some degree when now dealing with penalty. That is not appropriate. Penalty Orders in general [10] It is well established that decisions of d...

2. Auckland Standards Committee v Valu Pome'e [2014] NZLCDT 87 [pdf, 107 KB]

   ...marriage certificate. While not in the same league as the preceding charge it is a further failure towards the client. (Failure No. 11) Penalty [28] We remind ourselves that the predominant purpose of penalty to be considered by the Tribunal is protection of the public and maintenance of professional standards in order to enhance public confidence in the legal profession. [29] Mr Davey submitted to us that “proven dishonesty, whether or not leading to criminal proceedings and c...

3. Russell - Waitoto Māori Reserve 755 Blk 3 Arawata SD (2016) 37 Te Waipounamu MB 139 (37 TWP 139) [pdf, 201 KB]

   ...1998 Court hearing, and also by Ngaire Mason at the hearing on 1 May 2015, but I have no evidence 37 Te Waipounamu MB 150 before me of any specific arrangements. Such history adds to the overall complexity, requiring trustees to exercise care and caution in their dealings with occupiers, but is not a meritorious objection to a trust. Significant unregulated activity has taken place on the block over a lengthy period, and a minority of owners have likely benefitted, or enable...

4. JM v DTM [2011] NZIACDT 1 (19 January 2011) [pdf, 119 KB]

   ...Determining the value of professional work, and negotiating what is to be paid requires knowledge and experience in immigration, and assists with an immigration matter. [41] The purpose of the Act is set out in section 3, and it includes promoting and protecting the interests of consumers receiving immigration advice. Abusive practices in relation to fees were certainly among the concerns the Act was intended to meet. Some confirmation licensed immigration advisers are responsible for...

5. Fear v The Real Estate Agents Authority (CAC 411) NZREADT 17 [pdf, 259 KB]

   ...unsatisfactory conduct are determined by having regard to the need to maintain a high standard of 12 Section 3(1) of the Act. 13 Section 3(2). conduct in the industry, the need for consumer protection, the maintenance of confidence in the industry, and the need for deterrence. [37] A penalty should be appropriate for the particular nature of the misbehaviour, and the Committee or the Tribunal (as the case may be) should endea...

6. [2017] NZEnvC 179 Auckland International Airport Limited v Auckland Council [pdf, 6.1 MB]

   ...identified, and that property owners in general have this matter brought to their broad attention such that they can investigate further to see whether the designation change affects their property if they so wish. [43] I acknowledge Mr Berry's careful submissions on the question of whether this could be achieved simply by dispensing with service and making alternative directions, I 13 relates. [44] Although I note that notified plan changes may not require every landowne...

7. The Real Estate Agents Authority (CAC 413) v Taylor [2018] NZREADT 24 [pdf, 208 KB]

   ...regarded as misconduct is to be determined from the nature of the conduct and not from its consequences.’” [27] In Phillips5 the Tribunal stated that the purpose of professional disciplinary cases is to maintain professional standards and to protect the public. It is correct that section 3 of the Act contains an explicit statement of the purpose of the Act which is broadly to promote and protect the interests of consumers and to promote public confidence in the performance of...

8. Manuel v Carroll - Lot 1 Deposited Plan 5004 Part Waimarama 3A1A1 (2020) 83 Takitimu MB 41(83 TKT 41) [pdf, 231 KB]

   ...has damaged the land and has sought to improperly obtain title for himself. Mr Carroll claims that Ms Manuel’s approach is inconsistent with tikanga Māori and that he should be allowed to remain on the land for the rest of his life, given the care and protection he has provided for the whenua and the fact that he has put in place a sewerage and water system that will benefit all owners in the future. Mr Carroll would strongly prefer that further alternative dispute resolution be...

9. Watson v Day - Torere Section 64 (2024) 310 Waiariki MB 227 (310 WAR 227) [pdf, 286 KB]

   ...where the Court stated:7 It is inappropriate to strike out a claim summarily unless the court can be certain that it cannot succeed. The case must be “so certainly or clearly bad” that it should be precluded from going forward. Particular care is required in areas where the law is confused or developing. [19] The fundamental question for the Court to determine is whether the causes of action set out in Mr Watson’s application for removal are so clearly untenable that they c...

10. [2013] NZEmpC 35 Tan v LSG Sky Chefs NZ Ltd [pdf, 204 KB]

    ...principles of statutory interpretation applying to Mr Tan’s case. Statutory provisions [35] Counsel referred to the principal object of subpart 1 of Part 6A of the Act: 69A Object of this subpart The object of this subpart is to provide protection to specified categories of employees if, as a result of a proposed restructuring, their work is to be performed by another person and, to this end, to give – (a) the employees a right to elect to transfer to the other perso...