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1. Gollins Commercial Ltd v Registrar of the REAA [2016] NZREADT 16 [pdf, 154 KB]

   ...submitted that the applicant has never been prohibited or disqualified as a director of a company nor been permitted to be a director under conditions; and there is no matter in his past behaviour to prevent him trading as a real estate agent with the protection of a corporate structure. Mr Waymouth pointed out that if Mr Gollins is incorporated, a consumer can complain to the Authority in terms of the Act or the Real Estate Agents (Professional Conduct and Client Care) Rules 2012 and cou...

2. BORA Customs And Excise Amendment Bill [pdf, 419 KB]

   ...they have been processed under the Immigration Act and the Biosecurity Act, and detain persons for public health or law enforcement purposes. We have considered whether these powers are consistent with the right not to be arbitrarily detained, as protected by section 22 of the Bill of Rights Act. 8. Where an issue arises, a provision may nevertheless be consistent with the Bill of Rights Act if it can be considered a reasonable limit that is justifiable in terms of section 5 of that Ac...

3. [2023] NZREADT 1 - CAC 1904 v Bright (16 January 2023) [pdf, 129 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [16] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:1 …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...

4. [2023] NZREADT 24 - CAC 2103 v Lieven (21 August 2023) [pdf, 242 KB]

   ...and salespersons: (b) raising industry standards: (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [32] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 …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 th...

5. Recommendations Recap Issue 16 [pdf, 498 KB]

   ...Contents Coroners’ recommendations and comments............................................................................... i All recommendations and Comments — 1 April to 30 June 2018 ............................................. 4 Health care ................................................................................................................................. 4 Maguire [2018] NZCorC 28 (9 April 2018) ......................................................................

6. Appendix-4-Additional-submissions.pdf [pdf, 2.8 MB]

   ...support of security officers acting lawfully ● Focus on observation and reporting rather than direct intervention Public - Maintain current citizen's arrest powers - Emphasise de-escalation and reporting over direct intervention - Provide legal protections for good-faith interventions to prevent serious crimes 3 Tools for Intervention What tools should security guards and others be allowed to use when confronting violent offenders? Could non-lethal restraints, such as tasers or ba...

7. Fitzgerald & Anor v REAA CAC 20007 & Anor [2014] NZREADT 43 [pdf, 32 KB]

   ...reach the decision that Ms Fitzgerald had breached her obligations. They say that the Tribunal’s decision in Rae was a binding decision for the Complaints Assessment Committee. Further Mr Clancy submits that the Real Estate Agents Act is consumer protection legislation and that all agents should make an effort 3 to ensure that the product they are selling is accurately described. He submits that Ms Fitzgerald (and Barfoot & Thompson) should have taken steps to ensure t...

8. P v H LCRO 02 / 2009 (20 March 2009) [pdf, 23 KB]

   ...to consider the meaning of vexatious and concluded that “in a legal context the word ‘vexatious’ has come to mean ‘not having sufficient grounds’”. In that case his honour was considering whether a certain application in respect of care and protection proceedings in relation to a child should be struck out as “frivolous or vexatious or an abuse of the procedure of the Court”. His honour also observed that a high threshold must be reached before making such a 3 fi...

9. BORA Building Amendment Bill (No 4) [pdf, 304 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney- General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

10. BORA Judicial Matters Bill [pdf, 309 KB]

    ...removal in order to provide relevant information to Parliament or the Attorney-General when considering such questions. When necessary, this process is to be carried out by the Judicial Conduct Panel. • Provide for all Judges to be accorded the same protection of absolute personal immunity from suit as Court of Appeal and High Court Judges. • Provide for the Attorney-General, with the agreement of the relevant Chief or Principal Judge, to allow Judges to sit on a part-time basis....