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1. [2021] NZIACDT 1 - HQT v Singh (15 January 2021) [pdf, 194 KB]

   ...practising since 2014 and had developed a successful, sustainable and expanding business. He employed New Zealanders and contributed to the wider industry by speaking at cultural events. He had an excellent overall reputation for dedicated client care, a good working relationship with the relevant government bodies and a high success rate. This was the first complaint which had been upheld against him. JURISDICTION [16] The Tribunal’s jurisdiction to impose sanctions is set...

2. BORA Young Offenders (Serious Crimes) Bill [pdf, 408 KB]

   ...an offender who committed an offence the penalty for which is less than three months imprisonment when he or she was under 16 years of age but at the time of conviction is 16 years or older, prima facie infringes section 25(g). However, given the protective nature of the provision and the broad discretion of the sentencing court, we are of the view that it is justified in terms of section 5 of the Bill of Rights Act. 4. We have also considered potential issues of inconsistency with secti...

3. Government-Response-to-Te-Aka-Matua-o-te-Ture-Law-Commission-report.pdf [pdf, 1.1 MB]

   ...IC E Government response to the Te Aka Matua o te Ture | Law Commission report He arotake i te āheinga ki ngā rewa a te tangata ka mate ana | Review of Succession Law: rights to a person’s property on death Introduction The Government has carefully considered te Aka Matua o te Ture | Law Commission’s report, He arotake i te āheinga ki ngā rewa a te tangata ka mate ana | Review of Succession Law: rights to a person’s property on death (the succession report). The Government...

4. Otago Standards Committee v Stewart [2016] NZLCDT 28 [pdf, 77 KB]

   ...the inspector’s reports in February 2014. During this time he acknowledges he was entirely reliant on ETIL to carry out the due diligence in respect of the client’s referred to him. However he confirmed to us in oral evidence that he was careful to always obtain some form of Government-issued identification for each client. [29] During the period in question Mr Stewart confirms that he had complete confidence in Mr Orlov and thus his company, although he expressed to us some...

5. Pullar - Aperahama Sullivan whānau Trust (2017) 61 Takitimu MB 45 (61 TKT 45) [pdf, 439 KB]

   ...addition, I am satisfied that there has been sufficient opportunity to discuss and consider the variation. The only opposition to payments being made to Nan Sullivan came from Ms Andrews, the remainder all expressed a desire that their mother be taken care of and that the trust funds could be used for that purpose while recognising that the way the payments were made was unlawful. [45] That there is only one objection to the variation concerning Nan Sullivan is telling. If, as Mr...

6. Richards - Karaka Huarua A and B (2004) 98 Whangārei 273 (98 WH 273) [pdf, 4.7 MB]

   ...account the location of any waahi tapu and areas of cultural significance. The Applicants would also take any necessary steps to safeguard waahi tapu sites identified on the area for partition; (d) any opposition to the Partition Application must be carefully weighed by the Court, taking into account all relevant circumstances including the level of actual beneficial owner opposition as compared with the views, however strongly felt, of non-owners. In any case, the Applicants shares outw...

7. Complaints Assessment Committee (CAC 408) v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 24 [pdf, 311 KB]

   ...Committee charges Nicholas Schembri with misconduct under s 73(c) of the Real Estate Agents Act 2008 (Act), in that his conduct constituted a wilful or reckless breach of the Act and/or the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (Rules) and/or the Lawyers and Conveyancers Act 2006. Particulars 1 The defendant Mr Schembri is a licensed salesperson employed by Century 21 First Choice Wellington (Agency). 2 The Complainant owned a property located...

8. Rangahaua Whanui National Overview volume 1 [pdf, 881 KB]

   NATIONAL OVERVIEW volume i Professor Alan Ward Waitangi Tribunal Rangahaua Whanui Series WAITANGI TRIBUNAL 1997 A Waitangi Tribunal publication © Copyright Waitangi Tribunal 1997 isbn 1-86956-207-0 Edited and produced by the Waitangi Tribunal Published by GP Publications, Wellington, New Zealand Printed by GP Print, Wellington, New Zealand Set in Times Roman This report was commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui research programme. Any views express

9. CAC 10031 v Lum-On - Penalty Decision [2012] NZREADT 47 [pdf, 30 KB]

   ...additional public inquiry needs to be undertaken by the Tribunal. An order for suspension or cancellation could have been made and can be imposed if appropriate. [5] A penalty must fulfil the following functions in a disciplinary case. They are: (a) Protecting the public Section 3 of the Real Estate Agents Act sets out the purposes of the legislation. The principal purpose of the Act is “to promote and protect the interests of consumers in respect of transactions that relate to r...

10. CAC 10043 v Brooker - Penalty Decision [2012] NZREADT 31 [pdf, 107 KB]

    ...1 [2009]1 NZLR 1 2 At [97] 2 may have that effect, but to ensure appropriate standards of conduct are maintained in the occupation concerned. [4] A penalty must fulfil the following functions in a disciplinary case. They are: (a) Protecting the public Section 3 of the Real Estate Agents Act sets out the purposes of the legislation. The principal purpose of the Act is “to promote and protect the interests of consumers in respect of transactions that relate to real estat...