Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. [2019] NZEmpC 66 Morgan v Tranzit Coachlines Wairarapa Ltd [pdf, 261 KB]

   ...whether they were for proper purposes. It may be arguable that an agreement will fall foul of s 66 where the employer utilises the fixed-term employment model where other mechanisms were reasonably available, that would have less violated the protective principles underlying the provision and ILO 158. [28] In the present case any financial uncertainty relates to ordinary business risk (potential loss of a revenue stream); it does not comprise a genuine reason based on reasonabl...

7. [2021] - NZREADT 09 - Complaints Assessment Committee 1905 v Papuni (24 February 2021) [pdf, 265 KB]

   ...misconduct under s 73(a) (disgraceful conduct) of the Act. We are not required to consider the alternative charge under s 73(b). Penalty Principles as to penalty [21] The principal purpose of the Real Estate Agents Act 2008 is 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.4 The Act achieves these purposes by regulating agents, branch manage...

8. [2020] NZREADT 24 - Schroder (16 June 2020) [pdf, 163 KB]

   ...significantly reduced. Recently, his income has been affected by the Covid- 19 pandemic. 2 Pursuant to s 126 of the Act. Penalty principles [29] The principal purpose of the Act is 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.3 The Act achieves these purposes by regulating agents, bran...

9. [2020] NZIACDT 18 - UO v Nukulasi [pdf, 92 KB]

   ...party has requested an oral hearing. ASSESSMENT [36] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Futile immigration matters 9. If a proposed application, appeal, request or claim is futile, grossly unfounded, or has little or no hope of success, a licensed immigration adviser must: a. advise the client in...

10. [2022] NZEnvC 226 Wellington City Council v Liffey Street Limited [pdf, 294 KB]

    ...risk now posed to the neighbouring properties from the potential for subsidence. 43 I do not have any confidence that Mr Vasist will comply with any abatement notice the Council serves. The strong impression we have is that Mr Vasist does not care about taking the precautions required to ensure the effects of his development are contained to the construction site. Reluctantly, my manager and I have concluded that we need the Court to make an interim enforcement order and hope that...