Search Results

1. Kanta v Prakash [2014] NZIACDT 107 (02 October 2014) [pdf, 122 KB]

   ...www.justice.govt.nz). [2] The Tribunal found the material supporting the complaint established: [2.1] The original written agreement governing Mr Prakash’s professional engagement did not comply with the Code and he did not take steps to comply after getting a licence; [2.2] There was no written agreement when Mr Prakash accepted instructions to apply for a residence visa; [2.3] Mr Prakash undertook some additional work, again with no written agreement; [2.4] Mr Prakash then atte...

2. Benjamin v Smith - Te Puna 154D3B2B (2005) 81 Tauranga MB 175 (81 T 175) [pdf, 715 KB]

   ...fall within the intent of section 328 of the Act? (ii) Is the Court satisfied as to the matters set out in section 329 of the Act? (ii) Is the Court of a mind to use its discretion to grant the application on the merits of the case? (iv) Is the licence to occupy granted to the Smiths under the Tripartite Deed limited only to the 109 square metres defined in the document as "the site"? Before dealing with the specific applications and the issues arising therefrom I set out...

3. Kumandan v CAC404 [2016] NZREADT 21 [pdf, 73 KB]

   ...for licensee to acquire a property and tenancy agreement dated 16 June 2014. [2] The Tribunal have yet to hear the charges but in the interim the Complaints Assessment Committee have made an application for interim suspension of Mr Kumandan’s licence. This application is dated 27 January 2016 and is made pursuant to s 115 of the Real Estate Agents Act 2008. The Complaints Assessment Committee submit that it is in the public interest for Mr Kumandan’s licence to be suspended pendin...

4. IACDT Annual Report 2013 [pdf, 269 KB]

   ...uphold the complaint but take no further action; or uphold the complaint and impose one or more sanctions. The Tribunal also deals with appeals against decisions made by the IAA. These may relate to: a decision of the Registrar to cancel the licence of an immigration adviser; or a determination of the Registrar to reject a complaint against a licensed immigration adviser. MEMBERSHIP The Tribunal currently consists of the Chair, Grant Pearson. Mr Pearson is the inaugur...

5. CAC303 v Patricia Kerr [2015] NZREADT 72 [pdf, 116 KB]

   ...respect of 9 Adams Road and 207A Hill Street, Thames, when acting as property manager.” [2] In terms of the lack of participation of the defendant in this prosecution we noted in our said substantive decision as follows: “[3] Ms Kerr’s licence was cancelled in January 2014, apparently, for failing to comply with annual educational requirements. She did not appear at the fixture, nor did she participate in preliminary procedures. She was not represented before us. According...

6. D v I [2019] NZIACDT 7 (14 February 2019) [pdf, 100 KB]

   ...February 2019 REPRESENTATION: Registrar: A Dumbleton Complainant: In person Adviser: In person 2 PRELIMINARY [1] Mr I, the adviser, has been the subject of many complaints which have been upheld by the Tribunal and his licence has been cancelled. As a result of his health, he has been found to lack capacity to practice as an adviser. The complaint here largely relates to Mr I’s negligence in representing the complainant, including making futile a...

7. Redden - Estate of Jack Redden (2008) 124 Whangarei MB 187 (124 WH 187) [pdf, 1.1 MB]

   ...dwelling on Motairehe 1 in favour of his daughter Noeleen Davies. Background [2] Both Peter Davies and Noeleen Davies are owners in Motairehe 1. In about 1991 Peter Davies and his wife Rose Davies built a dwelling on the land in reliance on a Licence to Occupy granted to 1hem by the then Motairehe 1 Incorporation for a term of 30 years. There was a mOligage over the dwelling and apparently Noeleen Davies took responsibility for repaying the debt to the Home Morigage Company. Mr an...

8. [2021] NZREADT 29 - Lee (17 June 2021) [pdf, 161 KB]

   ...proceed by way of formal proof, on the basis of an affidavit sworn by an Authority investigator, Mr Callahan, and submissions by counsel for the Committee. Factual background [3] At all relevant times Mr Lee was the holder of a salesperson’s licence under the Act. [4] On 13 March 2020 the Committee decided pursuant to s 78(b) of the Act to inquire into and investigate whether he had carried out real estate agency work in respect of the sale and purchase of the property at 40...

9. MBL v Shadforth [2016] NZIACDT 37 (3 August 2016) [pdf, 205 KB]

   ...reason would not accept a simple certification without justification. The interim decision showed why the Tribunal required his reasoned assessment. [14] Ms Shadforth then went on to say she was closing her practice and would not attempt to renew her licence when it expired on 24 August 2016. Neither Ms Shadforth nor her doctor gave any indication when she would be able to attend a hearing. [15] I had regard to the following matters: [15.1] Ms Shadforth has provided submissions that in...

10. Lim v Gu-Chang [2015] NZIACDT 3 (26 January 2015) [pdf, 162 KB]

    ...Rehabilitation: it is important, when practicable, to have the practitioner continue as a member of the profession practising well (B v B [1993] BCL 1093; HC Auckland HC4/92, 6 April 1993). [8] Protecting the public Ms Gu-Chang has previously had her licence revoked due to the dishonest exploitation of a vulnerable client. On its own, this complaint would result in a less severe sanction as it does not involve a finding of dishonesty. I do not consider it appropriate to set the penalty i...