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1. Faleauto v GH LCRO 100/2015 (29 November 2016) [pdf, 107 KB]

   ...the Committee’s decision, in which it concluded there had been unsatisfactory conduct on his part. He acknowledges he received money directly from Ms GH in advance of rendering an invoice, which the Committee concluded 2 contravened ss 110(2) and 112(1) of the Act, regs 9 and 10 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 (the Trust Account Regulations), and rules 9.3 and 14.2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) R...

2. Bisson - Succession to Alayna Waimana Clark - Lot 1 Deposited Plan 9015 (2021) 431 Aotea MB 107 (431 AOT 107) [pdf, 241 KB]

   ...83 Taranaki MB 310 (83 TAR 310); 64 Aotea MB 164-169 (64 AOT 164-169) 6 202 Aotea MB 263-287 (202 AOT 263-287) 7 216 Aotea MB 195 (216 AOT 195) 8 228 Aotea MB 25-28 (228 AOT 25-28) 9 343 Aotea MB 237-253 (343 AOT 237-253) 431 Aotea MB 110 counsel. Then on 19 August 2016, the application for succession regarding Alayna’s interest from her father’s lineage was adjourned in accordance with a joint memorandum filed by Mr Watson and Catherine Quin, who was then counsel f...

3. LCRO 97/2015 SD v ET and CH (10 May 2017) [pdf, 163 KB]

   ...required him to be in remote places from time to time. However, at other times, it is clear from a review of the firm’s file that Mr BD has not provided the firm with any instructions in relation to the various proposals put to him. [23] Section 110 of Act requires a practitioner to hold any money received on behalf of a client “exclusively for that person, to be paid to that person or as that person directs”. [24] The funds in the trust account of [Law Firm A] are held f...

4. Kingi Te Kaha 67B (2007) 98 Opotiki MB 133 (98 OPO 133) [pdf, 2.3 MB]

   ...of selling it on an open market without the restrictions and the time delays that are incurred in ilaving to come through the Maori Land COUlt for approval of each sale and the need to offer it to tile preferred classes ofalienees. (94 Opotiki ME 110) Objections [10] At the hearing representatives of the owners of the previous Te Kaha 67 Block were present. Mr Waititi, for example appeared for the Ngawhira Apanui Waititi Whanau TlUst. The TlUst was once an owner in the land when it f...

5. Carroll - Estate of Kahui Pepi Carroll (2007) 187 Napier MB 277 (187 NA 277) [pdf, 255 KB]

   ...ft'om that applicable to orders made on a rehearing. Tlte present inconsistency in the degree of protection may be carious but it is not an indication that' in tlte case of s43 (5) the previous protection of unregistered interests is 110 longer to apply. " (Emphasis added). 282 187 Napier MB 283 [24] "Registration" of their interests has not occun'ed in this case. Also, I note that equitable interests are not protected in these circumstances as in t...

6. Jonas v The Real Estate Agents Authority (CAC 412) and Hartnett [2019] NZREADT 002 [pdf, 326 KB]

   ...motel at the time of purchase, and should therefore have been aware of the potential GST implications, as compared to the sale of a residential dwelling. The Committee held 13 BOD at Tab 3, p 110. that the licensee had an obligation to ensure the parties to the transaction were aware of the issues and potential risks of structuring the transaction on a GST inclusive or exclusive basis, particularly the risks for the appellant...

7. Memorandum for Directions Conference [pdf, 461 KB]

   ...[80] [81] [82] [83] [84] [85] [86] [87] [88] [89] [90] [91] [92] [93] [94] [95] [96] [97] [98] [99] [100] [101] [102] [103] [104] [105] [106] [107] [108] [109] [110] [111] [112] [113] [114] PAGE 8Memorandum for Directions ConferenceV1 July 2019 A P P LI C A TI O NPart 3b - What issues remain in dispute Check the boxes to show you have given these details below  The issues that yo...

8. [2021] - NZREADT 09 - Complaints Assessment Committee 1905 v Papuni (24 February 2021) [pdf, 265 KB]

   ...similar conduct, in similar circumstances. The Tribunal should impose the least punitive penalty that is appropriate in the circumstances. While there is an element of punishment, rehabilitation is an important consideration.6 [24] Section 110(2) of the Act sets out the orders the Tribunal may make by way of penalty, following a finding of misconduct. As relevant to the present case, the Tribunal may: [a] make any of the orders that a Complaints Assessment Committee may make...

9. [2020] NZREADT 24 - Schroder (16 June 2020) [pdf, 163 KB]

   ...similar conduct, in similar circumstances. The Tribunal should impose the least punitive penalty that is appropriate in the circumstances. While there is an element of punishment, rehabilitation is an important consideration.5 [32] Section 110(2) of the Act sets out the orders the Tribunal may make by way of penalty. As relevant to the present case, the Tribunal may: [a] make any of the orders that a Complaints Assessment Committee may make under s 93 of the Act (following a fi...

10. Real Estate Agents Authority (CAC 302) v Kahukura [2016] NZREADT 70 [pdf, 167 KB]

    ...fell well short of being beyond reproach. In particular, she used clients’ funds for herself, which 3 At [30]. See also his Honour’s discussion at [36]–[40]. 4 At [31]. 5 Section 110(1) of the Act. amounts to an abuse of privilege. Ms Paterson submitted that this reflects badly on the Agency, and on the industry as a whole. She submitted that agents of good standing (in particular) would reasonably regard Ms Kah...