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1. [2019] NZREADT 37 - Tafilipepe - penalty [pdf, 280 KB]

   ...without an agency agreement in place. While the Tribunal has on many occasions refrained from ordering suspension in cases where it would otherwise have been appropriate, when a licensee expresses an early acknowledgment of wrongdoing, or enters a plea of guilty to charges, that option is not open to the Tribunal in this case. [47] We have concluded that an order for suspension must be made in this case, in order to address the totality of Ms Tafilipepe’s offending, and to achieve...

2. [2019] NZEnvC 198 Banora v Auckland Council [pdf, 5.2 MB]

   ...comply with a notice to fix; undertaking earthworks in a manner that contravened the District Plan; and permitting a contravention of an Abatement Notice. In the District Court at Auckland, Judge Harland heard the matter and, following his guilty pleas, imposed total fines on Mr Sanora of $67,050. Mr Sanora took that sentence on appeal to the High Court where it was heard by Gault J and, in a decision given on 8 October 2019, for the reasons that he gave, that Judge reduced the tota...

3. Complaints Assessment Committee 412 v Grewal, Preet & Co Real Estate Limited, Voordouw and Mason [2018] NZREADT 70 [pdf, 215 KB]

   ...Agency. Having been made aware that $1 million had been transferred out of the trust account, there were no grounds on which he could reasonably have relied on the Agency’s administrative staff. [56] We have taken Mr Voordouw’s guilty plea on the charge relating to the trust account reconciliations into account, and have concluded that the starting point for the fine in respect of Mr Voordouw must be $8,000. [57] In respect of Mr Mason, we consider the fine in respect of...

4. [2019] NZREADT 48 - Thomson v CAC520 & Foote (7 November 2019) [pdf, 183 KB]

   ...authorities as to trespass and implied licence and submitted that the Committee was not wrong in concluding that no trespass had been proved on the facts. 3 Ellis v Loftus Iron Co (1874) LR CP 10 (Comm Pleas) at 12. [31] Ms Wang further submitted that in the event that the Tribunal were to conclude that Mr Foote did trespass on the property, it is necessary to consider whether that constituted unsatisfactory conduct. She sub...

5. AODT Operational Policy - DELETE [pdf, 271 KB]

   ...the actual cost of services, whichever is lower. This will ensure any repayment amounts do not exceed the average cost of a standard district court PAL1 criminal matter. If the participant exits the AODT programme early and withdraws their guilty plea, then costs incurred after exiting the AODT court will not be considered within the partial write off review and additional costs will be incurred. Rostering policy Only duty lawyers with a Criminal PAL1 approval who have applied to jo...

6. Auckland Standards Committee 3 v Anderson [2022] NZLCDT 25 (22 July 2022) [pdf, 238 KB]

   ...before signing the document. The document was witnessed by a legal executive in the employ of Ms Anderson. Ms V did not give evidence whether she did in fact take independent advice at any time. Indeed, she was not called to support the charge as pleaded, despite the allegation that she had been professionally failed by Ms Anderson. [34] It was a further two and a half years before Ms Anderson was able to sell the property because it took that long for Ms V to deal with other asse...

7. AODT-Court-Operational-Policy-update-2023-v2.pdf [pdf, 367 KB]

   ...the actual cost of services, whichever is lower. This will ensure any repayment amounts do not exceed the average cost of a standard district court PAL1 criminal matter. If the participant exits the AODT programme early and withdraws their guilty plea, then costs incurred after exiting the AODT court will not be considered within the partial write off review and additional costs will be incurred. Rostering policy Only duty lawyers with a Criminal PAL1 approval who have applied to jo...

8. [2024] NZREADT 35 – CAC 2108 v Barfoot Thompson (20 September 2024) [pdf, 143 KB]

   ...process. [26] Ms Chen, Ms Zeng, Mr Smith, Maxwell House, and Graham Crews filed briefs of evidence. Submissions were filed by the Committee on 20 February 2024 and on behalf of Barfoot Greenlane on 27 February 2024. [27] Barfoot Greenlane has pleaded guilty to the amended charge and it has admitted that its conduct that is the subject of the charge amounted to unsatisfactory conduct under s 72(b) of the Act. [28] It was agreed by the parties (and reflected in the agreed statement...

9. Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 9 [pdf, 147 KB]

   ...cross-examination7 that in having that conversation he gave Ms S legal advice, but continued to maintain that Ms S was not a client. Mr Horsley arranged for the Tokoroa charges Ms S faced to be transferred to the Tauranga Court on the basis of intimated guilty pleas. Mr Horsley then appeared with Ms S in Court on 7 July, 14 July and sentencing on 28 July when Ms S was disqualified from driving for 6 months and fined $870.00 [14] Subsequently and up until 12 August 2010 Mr Horsley a...

10. LA - Provider manual - Part 1 [pdf, 523 KB]

    ...this will be considered as a new application for approval. Reference: Regulation 7 Conditions on approval As well as the criteria for approval as a lead or other provider, the Secretary may impose conditions on an approval to provide services. Please refer to conditions on approval, for further information on the types of conditions the Secretary can approve. All supervised provider approvals will be subject to a condition imposed by the Secretary. Reference: Section 77(2) and (3)(b...