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1. [2024] NZREADT 05 CAC v Pang (6 March 2024) [pdf, 227 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [12] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:2 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish t...

2. [2020] NZEnvC 013 Edens v Thames Coromandel District Council [pdf, 23 MB]

   !BEFORE THE ENVIRONMENT COURT ·1 MUA I TE KOOTITAIAO OAOTEAROA IN THE MATTER AND BETWEEN AND TCDC Plan Review - Subdivision appeals Decision No. [2020] NZEnvC 013 of the Resource Management Act 1991 of eleven appeals under Clause 14 of Schedule 1 to the Act SUE EDENS (ENV-2016-AKL-118) DEAN GLEN, CLAIRE ELLIOT, SOL GLEN, ROY GLEN & BLACKJACK FARMS LIMITED (ENV-2016-AKL-080) KEITH VERNON (ENV-2016-AKL-084) TASMAN BUILDINGS LIMITED (ENV-2016-AKL-094) HER

3. CE v DT LCRO 281 / 2011 (30 September 2013) [pdf, 107 KB]

   ...obligations in Rules 3.4 and 3.5. In this context it appears he gave no thought to the substantive purposes of the Rules, which are intended to keep a client informed of certain matters, including fees. This is an integral aspect of the consumer protection purpose of the Lawyers and Conveyancers Act. [27] Had the Practitioner considered this matter more carefully it would have been immediately obvious that the circumstances were such that the Respondent would not 7 have r...

4. LCRO 202/2017 LO v RT (4 February 2019) [pdf, 173 KB]

   ...complaints brought by the Bar ... [41] He did go on to say that:11 But it has also been said that res judicata or double jeopardy principles may not apply to disciplinary bodies because their “disciplinary requirements serve purposes essential to the protection of the public, which are deemed remedial, rather than punitive”: Spencer v Maryland State Board of Pharmacy, 846 A 2d 341, 352 (Maryland Court of Appeals, 2003); cf Re Fisher, 202 P 3d 1186, 1199 (Sup Ct, Colorado, 2009)....

5. Lawyer-for-Subject-Person.-Selection-Appointment-and-Other-Matters.pdf [pdf, 238 KB]

   ...this practice note: (a) PPPR Act means the Protection of Personal and Property Rights Act 1998. (b) MHCAT Act means the Mental Health (Compulsory Assessment and Treatment) Act 1992. (c) IDCCR Act means the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. (d) SACAT Act means the Substance Addiction (Compulsory Assessment and Treatment) Act 2017. (e) The term “subject person” means a person in respect of whom an application is made under the PPPR Act....

6. [2023] NZIACDT 28 – YI v MM (8 November 2023) [pdf, 161 KB]

   ...[97], [101]–[102] and [112]. 8 ASSESSMENT [34] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, and … Code and complaint documents 17. Before entering into a written...

7. Taylor v Auckland Council [2012] NZWHT Auckland 42 [pdf, 134 KB]

   ...applied to join the second respondents, Gayle and Stewart Cox to this claim. The Council’s application alleged that Page | 4 the second respondents were developers in their personal capacity and, as such, owed a non-delegable duty of care to Ms Taylor. [6] I ordered that the joinder application be put on notice to the second respondents so that they may indicate their position on the application. The second respondents took no steps in relation to the joinder applic...

8. Chief Registrar - Matauri X Incorporation [2005] Chief Judge's MB 276 (2005 CJ 276) [pdf, 962 KB]

   ...only of the Judge's letter to me personally dated 7 February, in which he indicated that he had instructed counsel to produce documents vvhich may be of relevance to my review of this decision (see para 26 supra). [42] I have thought very carefully about the allegation of pre-determination. It is a serious allegation. I do ,not on reflection, think that it is justified. The correspondence with the learned Judge to which I have referred was my advice as Head of Bench to a collea...

9. [2016] NZEmpC 137 Bennett and Others v Michaels and Others [pdf, 179 KB]

   ...of the corporate entities. Looking back, Ms Bennett considers the defendant companies were mere shells without assets and that her employment with them was a fraudulent sham on Mr Michaels’ part. She considers he relied upon the companies as protecting him from personal liability when in fact he was her true employer. [14] Mr van Geems and Mr Zainol described similar circumstances of apparent fraudulent behaviour by Mr Michaels in their employment. Mr van Geems is now resid...

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

    ...of $2.2M (with a priority of $4.2M) had been obtained in September 2008 by Ms V without authority. [31] Ms V immediately acknowledged what she had done to Ms Anderson and provided her with a copy of the loan documentation. [32] In order to protect herself, Ms Anderson prepared a Deed of Trust for Assets in which Ms V acknowledged what she had done, acknowledged that she had misrepresented her position as a bare trustee to the ASB Bank, and that she was solely responsible for t...