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1. Waratah Trust v CAC 20004 & Ors [2014] NZREADT 20 [pdf, 172 KB]

   ...agency also submitted that the unsatisfactory conduct was at the lower end of the scale as they had no intention to mislead. [13] In reaching its decision, the Committee recognised that a penalty in these cases primarily serves to promote and protect consumer and public interests by providing accountability, and ensuring maintenance of professional standards. It also recognised that there is an element of punishments in professional discipline cases. It is also important, the Committe...

2. AN v DH LCRO 119/2015 (23 December 2015) [pdf, 97 KB]

   ...expect of a reasonably competent practitioner. [30] The Committee provided the parties with the opportunity to make submissions on the orders that should follow the findings of unsatisfactory conduct, pursuant to s 156. Ms AN’s submissions on consequential orders - 6 October 2014 8 Above n 1, at [34]. 7 [31] Ms AN tendered submissions to the Committee on 6 October 2014 in response to the notice of hearing, which included re...

3. Federated-Farmers-of-New-Zealand.pdf [pdf, 556 KB]

   ...effects from grazing LUC 6e, 7 or 8 land. Federated Farmers is very concerned about any standards that rely on the LUC system given that farm scale mapping is required to ensure that land is properly classified, such mapping is expensive and time consuming, and the LUC class may not reflect the environmental effects (particularly as limitations to the versatility of land, based on its LUC classification, can be overcome). Further practical issues include how paddocks would be a...

4. LCRO 1/2020 NR v YB (28 June 2021) [pdf, 150 KB]

   ...or two but it did not. It is the final invoice that created difficulties. [32] It is accepted that Ms NR could have managed the billing in a different way, but realistically, without Ms NR taking some sort of stand over the time the matter had consumed, this was a matter that could have meandered along more or less indefinitely. [33] Ms NR could have issued interim invoices earlier, but it did Ms YB no real harm not to be billed. There is no real substance to Ms YB’s comment that...

5. LCRO 193/2017 AA v BB and CC (29 November 2019) [pdf, 153 KB]

   ...unavoidable, that I comment both on the manner in which Mr AA has advanced his review application, and the nature of the information that he has provided to the LCRO. [28] Legislation governing the discipline of lawyers in New Zealand has a focus on consumer protection as one of its principal objectives. [29] The complaints process provided for in the Lawyers and Conveyancers Act 2006 is intended to provide parties with a straightforward pathway to enable them to advance their com...

6. [2021] NZREADT 55 – Lammas v Real Estate Agents Authority (6 December 2021) [pdf, 340 KB]

   ...agency’s sole agency. Supervision [49] Mr Freear supervised Ms Freear. The agency’s supervision policies were carried out appropriately. No further action would be taken. Orders [50] On 3 August 2021, the Committee issued a decision on the consequential orders. Ms and Mr Freear were both censured and ordered to pay the REAA a fine of $3,000. [51] The Committee noted the Freears’ statement that the Lammases gave permission for the guide to be emailed later that day. T...

7. IncreasingRevenuefromCourtsandTribunalFeesandCollectionsServices.pdf [pdf, 1.6 MB]

   ...collection services Proposal 1 This paper seeks agreement to a package of proposals that support the effective provision of Courts and Tribunal services. 2 The proposals will increase revenue collected from Courts and Tribunals, including: 2.1 a Consumers Price Index (CPI) inflation adjustment to fees in a range of Tribunals, the Civil District and High Courts, Court of Appeal, and Supreme Court, with effect from 1 July 2024, 2.2 a 10 percent increase to fees in the Criminal Dis...

8. Director of Proceedings v Smith (Application for Final Non-Publication Orders) [2019] NZHRRT 32 [pdf, 695 KB]

   ...opportunity to be heard on that application. Liability admitted and damages claim settled [7] By second amended statement of claim dated 19 September 2017 the Director alleged Mrs Smith breached Right 4(1) of the Code of Health and Disability Services Consumers Rights (the Code) which provides: Every consumer has the right to have services provided with reasonable care and skill. [8] Mrs Smith admits to having breached this Right, as does the LMC in separate but related proceedings b...

9. Domb v REAA Registrar [2014] NZREADT 5 [pdf, 150 KB]

   ...applicant and for other real estate agents. [5] It is put by Mr Clancy that this case concerns the Registrar’s ability to make properly informed decisions about the fitness and propriety of an applicant for a licence, and that this is no less than consumers and industry members would reasonably expect. [6] Mr Clancy submits that the Registrar has not sought consent to disclosure of information beyond the scope of that which is permitted under the statutory scheme; that the stat...

10. Barfoot & Thompson v CAC 20003 [2014] NZREADT 48 [pdf, 51 KB]

    ...example, where a separate licensee is not required to act as an intermediary negotiator between the client and the licensee purchaser. However, it is submitted for the Authority that the Committee was correct to find that, in cases involving most consumer clients, steps of that kind will be required in the interests of fairness to protect the client and to avoid the perception of conflict of interest. Mr Hodge adds that Barfoot & Thompson’s policy does not provide for such measure...