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1. Waikato Bay of Plenty Standards Committee 1 v Jacobsen [2021] NZLCDT 18 (25 May 2021) [pdf, 186 KB]

   ...qualities, the public may lack confidence in the profession as a whole.6 A candidate in Australia was refused admission because of a lack of “appropriate professional judgement and discretion.”7 In New Zealand, in a case regarding a valuer, “Eichelbaum CJ reviewed the concept of professional misconduct generally and noted that across all professions the key element is whether the practitioner’s conduct has shown some degree of unfitness to practise.”8 [29] In the Austr...

2. Wellington Standards Committee 1 v Mr V [2023] NZLCDT 6 (21 March 2023) [pdf, 144 KB]

   ...or conduct at the very serious end of the scale. [17] A useful summary of the authorities and principles on “misconduct” is contained in the decision of this Tribunal in O’Boyle:9 [82] … In New Zealand, in a case regarding a valuer, “Eichelbaum CJ reviewed the concept of professional misconduct generally and noted that across all professions the key element is whether the practitioner's conduct has shown some degree of unfitness to practise.” [83] Considering the t...

3. Ikbarieh v Hammadieh [2014] NZIACDT 111 (13 October 2014) [pdf, 385 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind...

4. National Standards Committee 2 v Paulson Wilson [2021] NZLCDT 16 (14 May 2021) [pdf, 177 KB]

   ...qualities, the public may lack confidence in the profession as a whole. A candidate in Australia was refused admission because of a lack of “appropriate professional judgement and discretion.” In New Zealand, in a case regarding a valuer, “Eichelbaum CJ reviewed the concept of professional misconduct generally and noted that across all professions the key element is whether the practitioner’s conduct has shown some degree of unfitness to practise.””4 These are comments equ...

5. [2021] NZREADT 11 - Beath v The Real Estate Agents Authority, Mike Pero Real Estate Ltd, Kemp & Scoble (22 March 2021) [pdf, 246 KB]

   ...that the Tribunal should not be drawn away from the material that was before the Committee unless the interests of justice require it.5 Submissions [16] Mr Beath’s application referred to the following: 4 See the Tribunal’s decision in Eichelbaum v Real Estate Agents Authority (CAC 303) [2016] NZREADT 3 (affirmed by the Court of Appeal in Nottingham v Real Estate Agents Authority [2017] NZCA 1. 5 See Nottingham, at [81]. [a] Emails dated 4 and 6 March 2019 (which ref...

6. Best v CAC 406 & Ellis [2016] NZREADT 34 [pdf, 148 KB]

   ...He has challenged the finding of misconduct. 4 The role of the Tribunal on appeal [8] There have been numerous discussions about the proper role of the Tribunal on appeal. The most recent statement is the decision of the Tribunal in Eichelbaum [2016] NZREADT 3 in which the Tribunal held that when the Tribunal is considering an appeal from a decision of a Complaints Assessment Committee, the appellant should not have an opportunity to completely redo the case that was be...

7. Shankar v Ahuja [2015] NZIACDT 106 (21 December 2015) [pdf, 196 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

8. EBT v Mudaliar [2015] NZIACDT 92 (16 October 2015) [pdf, 200 KB]

   ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...

9. [2023] NZREADT 6 - NQ v Real Estate Agents Authority (CAC2104) (4 April 2023) [pdf, 289 KB]

   ...it is what it 1 Nottingham v Real Estate Agents Authority [2017] NZCA 1 at [81] & [83]. 2 Dragicevich v Martinovich [1969] NZLR 306 (CA) at 308–309, Moseley v Real Estate Agents Authority (CAC 1907) [2021] NZREADT 19 at [59]–[60]. 3 Eichelbaum v Real Estate Agents Authority (CAC 303) [2016] NZREADT 3 at [49] & [51]. 7 does not say that is of great concern to him. As for the statement from the witness, that person, like himself, did not hear the alleged call of...

10. Toiloloi v Letalu [2014] NZIACDT 93 (18 September 2014) [pdf, 193 KB]

    ...difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absence of dishonesty, striking-off will be appropriate where there has been a serious breach of a solicitor’s fundamental duties to his client. [31] It is important to bear in mind t...