Search Results

1. [2019] NZREADT 54 - Houliston v CAC 1901, Lohmann & Webb (10 December 2019) [pdf, 237 KB]

   ...Summit, Mr Nalder, and so he advised Mr Webb that he would be dealing directly thereafter with the Authority. [12] The complaint which Mr Houliston made to the Authority was that: [a] Mr Lohmann breached s 136 of the Act; [b] Mr Webb failed to protect Mr Houliston throughout the sales process and failed to disclose Mr Lohmann's “conflict of interest”; [c] the licensees had misled Mr Houliston about whether or not there was a competing party who was intending to make an...

2. Auckland Standards Committee 2 v Burcher [2019] NZLCDT 12 [pdf, 307 KB]

   ...to comment that such approach was consistent with the legislative purposes of the Act to protect consumers of legal services: “I also take into account the fact that the Lawyer’s (sic) and Conveyancers Act 2006 is at least in part a consumer protection measure. It would defeat that purpose if the legislation were interpreted to exclude from its scope functions which a lawyer routinely undertakes alongside the provision of legal services but these were not considered to be regulated...

3. ENVC Hearing 6Oct14 WML evidence chief Pita Rikys [pdf, 60 KB]

   ...impacts on Maori cultural values broadly, and in relation to Matiatia Bay specifically, are minor at best. In regard to Archaeological sites specifically I adopt and support the conclusions reached by Prince in his evidence and the management and protection measures that he proposes. Cultural Values 11. Maori Cultural values are an expression and articulation of the Maori world view (Te Ao Maori / the Maori World) and identity, contain a spiritual (wairau) dimension and in terms...

4. [2015] NZEmpC 30 Wills v Goodman Fielder NZ Ltd costs [pdf, 99 KB]

   ...for costs: Moore v McNabb. 8 I do not accept that this is the effect of that decision. What the Court of Appeal said in that case when discussing the applicable principles is: 9 … 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. [20] I do not consider that the Court is precluded from cons...

5. Weber v CAC 20002 & Penrose & Brown's Real Estate [2013] NZREADT 83 [pdf, 37 KB]

   ...determining whether the Tribunal, or on appeal this court, should make an order prohibiting the publication of the report of the proceedings, requires consideration of the extent to which publication of the proceedings would provide some degree of protection to the public, the profession, or the Court. It is the public interest in that sense that must be weighed against the interests of other persons, including the practitioner, when exercising the discretion whether or not to prohibit p...

6. BORA Arms Amendment Bill (No 3) [pdf, 176 KB]

   ...safety may be at risk. We consider that such an objective is significant and important. A rational and proportional connection? 13. In considering whether the ex parte process is rationally and proportionately connected to the objective or protecting the public, we have taken into account two key considerations. Firstly, we consider that a distinction can be made between a decision that there are grounds for the order to be made and the order actually being made. The ability of...

7. Samuelu v Aasa [2014] NZIACDT 89 (16 September 2014) [pdf, 179 KB]

   ...standards of conduct are maintained in the occupation concerned.” [9] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [9.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [9.2] Demanding minimum standards of conduct: Dentice v Valuers Registrat...

8. Complaints Assessment Committee 302 v Crockett [2017] NZREADT 19 [pdf, 155 KB]

   ...and ordered to undertake training.11 [14] Ms Earl acknowledged that Mrs Crockett’s conduct was not as serious as that in the cases of misconduct. However, she submitted that the penalty must meet the purposes of maintaining high standards and protecting the public. She submitted that non-disclosure of the potential risk of weathertightness issues could have significant financial implications for purchasers. Ms Earl submitted that Mrs Crockett’s negligence must be seen as at...

9. [2021] NZREADT 39 - Lee (29 July 2021) [pdf, 243 KB]

   ...Act. 3 Section 3(2). [11] In order to meet the purposes of the Act, penalties for misconduct and unsatisfactory conduct are determined bearing in mind the need to maintain a high standard of conduct in the industry, the need for consumer protection, the maintenance of confidence in the industry, and the need for deterrence. [12] A penalty should be appropriate for the particular nature of the misbehaviour, and the Tribunal should endeavour to maintain consistency in penalt...

10. Twigley v New Zealand Law Society [2025] NZLCDT 5 (28 January 2025) [pdf, 98 KB]

    ...profession. (c) The evaluation of whether an applicant meets the standard is a forward looking exercise. The Court must assess at the time of the application the risk of future misconduct or of harm to the profession. The evaluation is accordingly a protective one. Punishment for past conduct has no place. (d) The concept of a fit and proper person in s 55 involves consideration of whether the applicant is honest, trustworthy and a person of integrity. (e) When assessing past convi...