Search Results

1. Chen v Gu-Chang [2013] NZIACDT 56 (30 August 2013) [pdf, 149 KB]

   ...ensure that appropriate standards of conduct are maintained in the occupation concerned. [45] The statutory purpose is achieved by considering at least four factors which materially bear upon maintaining appropriate standards of conduct: [45.1] Protecting the public: section 3 of the Act states “[t]he purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [45.2] Demanding minimum standards of conduct: Dentice v Valuers Registratio...

2. Chen v Loh [2013] NZIACDT 55 (30 August 2013) [pdf, 151 KB]

   ...public interest against Mr Loh’s interests (A v Professional Conduct Committee at [82]). [63] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [64] A significant factor in this case is that it involves dishonest...

3. [2019] NZREADT 52 - Grewal (25 November 2019) [pdf, 190 KB]

   ...turn had brought the matter to Mr Grewal’s attention) to the fact that the trust account reconciliations were not correct. [46] The provisions of the Audit Regulations are a fundamental component of the achieving the purposes of the Act of the protection of the interests of consumers and the maintenance of confidence in licensees’ performance of real estate agency work. We find that a breach of the provisions of the Audit Regulations as to certifying the accuracy of the monthly...

4. CAC 20002 v Kitto [2013] NZREADT 70 [pdf, 41 KB]

   ...2012 the defendant appeared to deny the charge and appeal the decision of the Committee to prosecute, the defendant has since declined to participate further in this prosecution despite having been served with all papers as appropriate. [4] Much care has been taken to effect such service on her because she has been in custody since about 14 May 2013 when she was convicted of four separate frauds and sentenced to imprisonment for two years and three months. As those convictions involv...

5. CJ v XL LCRO 221 / 2010 (1 July 2011) [pdf, 104 KB]

   ...cancellation had not been effected, and that by excluding them the Respondent misled the Court. The Standards Committee decision [22] The determination of the Standards Committee on each of the matters is recorded as follows:- Stock … From a careful perusal of all the confidential paperwork that was made available by the practitioner, it was clear that the moment Ms [XL] became aware of the sale of some of the stock, the correct stock amounts were included in the proceedings...

6. Tweeddale v Pearson [2010] NZWHT Wellington 4 [pdf, 230 KB]

   ...of limiting their exposure to this risk. A claimant may avoid this risk by abstaining from taking legal proceedings; but a party who is sued has no such alternative. It follows that, in fairness, defendants must have the means of gaining some protection from costs by making offers to settle by in some way meeting the claim. Plaintiffs should also have protection where defendants decline reasonable settlement offers. [57] Then there are the “public” aspects of litigation. If...

7. Hall v Opepe Farm Trust (2010) 22 Waiariki MB 47 (22 WAR 47) [pdf, 131 KB]

   ...trust in terms of guarantees was a work in progress; and (k) the trustees were also involved in further discussions over the nitrates discharge allowance and associated implications. [5] Mr Hall emphasised that the interim trustees were working carefully through all of the issues that the Trust had to confront. He also underscored that while they had originally envisaged a shorter timetable for completing the various urgent tasks requiring their attention, because of various delays...

8. Frequently asked questions Victims trust and confidence in the criminal justice system [pdf, 217 KB]

   ...This ensures the interviewer does not see the participant’s responses. How long did the interviews take? Interviews normally take between 20 to 30 minutes. But might be longer for highly victimised people. Is the privacy of participants protected? The information provided to the interviewer is strictly confidential and protected by the Privacy Act 2020. The interviewer cannot discuss information collected with anyone else. Individual responses will never be identified, and a...

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

   ...hapū: 1 Whakatāne MB 5 (1 WHK 5). See also 4 Whakatāne MB (4 WHK) and 36 Judge Scannell MB (36 JSCA) 431 Aotea MB 114 understandable and appropriate. It is the hapū who are the custodians of tribal lands and who will often seek to protect those interests from being alienated outside of hapū oversight. [24] That Otaraua may have been named in the will of Alayna is also entirely understandable. That they then took no steps to oppose their substitution is more uncl...

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

    ...breach of the relationship of trust (both with her employer and the Corrections Department) and the degree of deception involved. [31] Having established the level of seriousness we consider the purposes of penalty. The primary purpose is the protection of the public7. Then there is the purpose of the protection of the reputation of the profession. It is in respect of this latter subject, that we note with concern the practitioner’s view that she only brought herself into disr...