Search Results

1. Wells & Anor v REAA CAC 20007 & Anor [2014] NZREADT 36 [pdf, 83 KB]

   ...(vendor) complainants”) appeal against the 12 September 2013 decision of the Complaints Assessment Committee 20007 to take no further action in respect of their complaint against Shane Robinson (“the licensee”) who currently holds a salespersons licence. At the time of the alleged conduct, the licensee was working from Edinburgh Realty Ltd (“the agency”) in Dunedin. 2 Background [2] The complainants and Cook Allan Gibson Trustee Co Ltd were the vendors of 24a Gla...

2. Complaints Assessment Committee (CAC 403) v Licensee B [2017] NZREADT 1 [pdf, 267 KB]

   ...The proper approach is that the Tribunal must: [a] consider whether the licensee’s conduct was disgraceful (the liability stage), then, if such a finding is made, [b] consider whether that conduct affects the licensee’s fitness to hold a licence: see s 36(1)(c) of the Act and (for example) the Tribunal’s decision in Revill v Registrar of the Real Estate Agents Authority.6 This enquiry is properly undertaken at the penalty stage. The factual issues [16] The Tribunal must f...

3. ENVC Hearing 6Oct14 WML rebuttal David Mitchell [pdf, 599 KB]

   ...purchase or rental of a marina berth is subject to contractual arrangements which can and will include terms and conditions applying to the use of the carpark. The terms of use of the parking spaces will be set out for berth owners through their licence agreements and managed through a Parking Management Plan. 10. The marina will have a manager onsite every day who can exercise active control. Berthholders will be informed of the expected use of the parking area and this w...

4. INZ (Foley) v De'Ath [2018] NZIACDT 44 (6 November 2018) [pdf, 273 KB]

   ...After hearing a complaint, the Tribunal may dismiss it, uphold it but take no further action, or uphold it and impose one or more sanctions.4 [38] The sanctions that may be imposed by the Tribunal are set out in the Act.5 It may also suspend a licence pending the outcome of a complaint.6 1 No charge is precisely set out, but the statement at [13] of the statement of complaint is the closest to expressing a charge. 2 Immigration Advisers L...

5. McCay-Woods v CAC 20008 & Anor [2014] NZREADT 103 [pdf, 69 KB]

   ...Introduction [1] Ms Carolyn McCay-Woods (“the complainant”) appeals against the decision of Complaints Assessment Committee 20008 to take no further action on her complaint against Mr Stephen Johnston (“the licensee”). The latter holds an agent’s licence and works for Johnson Realty Ltd, trading as RE/MAX Quality. [2] The complainant submits that the conduct of the licensee, which we outline below, amounts to “unsatisfactory conduct” defined in s.72 of the Act as follows...

6. People charged and convicted of psychoactive substances offences June 2022 [xlsx, 96 KB]

   ...substances that are not approved products (s70) - possession - includes possession of an unapproved product (s71) and people under 18 years buying or possessing psychoactive substances (s48) - other offences - includes offences related to sale without a licence (s27), place of sale (s52) and obstructing enforcement officers (s83). ANZSOC The Australian and New Zealand Standard Offence Classification is used to categorise offences into 16 divisions, within which subdivisions and groups exist....

7. People charged and convicted of psychoactive substances offences December 2021 [xlsx, 97 KB]

   ...substances that are not approved products (s70) - possession - includes possession of an unapproved product (s71) and people under 18 years buying or possessing psychoactive substances (s48) - other offences - includes offences related to sale without a licence (s27), place of sale (s52) and obstructing enforcement officers (s83). ANZSOC The Australian and New Zealand Standard Offence Classification is used to categorise offences into 16 divisions, within which subdivisions and groups exist....

8. Auckland Standards Committee 2 v Parshotam [2016] NZLCDT 15 [pdf, 110 KB]

   ...order to verify the identity of the signatory. 30 The Practitioner certified all eight A&I forms, certifying that: (a) He had witnessed the signature of Mrs P; (b) He had sighted the original form of identity, namely a New Zealand driver’s licence; and (c) The photo, name and signature matched the signatory’s name and identification provided. 31 In fact Mrs P did not sign the A&I forms in the Practitioner’s presence and the Practitioner did not take any steps to ver...

9. [2020] NZIACDT 37 - TTD v Zheng (7 September 2020) [pdf, 282 KB]

   ...particularising the amounts and basis of the claim. As Mr Zheng has been found to be dishonest, the Tribunal will give consideration to removing him from the profession for a period of time and/or preventing him from reapplying for one or more types of licence. The parties are asked to address this. Timetable [102] The timetable for submissions will be as follows: (1) The Registrar, the complainant and Mr Zheng are to make submissions by 29 September 2020. 20 (2) The Regi...

10. Thompson - Hauai Ahu Whenua Trust (2014) 87 Taitokerau MB 258 (87 TTK 258) [pdf, 619 KB]

    ...that owner's predecessor in title by any alienation, the Court shall not cancel an order under this section without the consent of the present owner. (3) Where the whole of the land comprised in any partition order is subject to any lease, licence, mortgage, charge, or other encumbrance, the order shall not be cancelled under this section without the consent of the lessee, licensee, mortgagee, or other person entitled to the benefit of the encumbrance, unless the Court is sa...