Search Results

1. LCRO 27/2021 BK v RQ (27 August 2021) [pdf, 223 KB]

   ...managed by the executor or family members; and (h) Ms RQ was not responsible for the contents of the deed drafted which some of the beneficiaries had raised objection to, but in any event it was good practice to include an indemnity clause to protect the executor; and (i) it was incorrect to suggest that Ms RQ had advised the beneficiaries that a distribution would not be made if the beneficiaries failed to sign the deed, rather her instructions were that the deed would need to be...

2. Sidhu v Tan [2016] NZIACDT 62 (29 September 2016) [pdf, 159 KB]

   ...is prescriptive regarding the client engagement process. Mr Tan could not become a licensed immigration adviser without demonstrating he understood that process; for every client engagement, he had to complete the process. It is intended both to protect him, and his clients. [21] One of the very important elements of professional conduct is that the licensed immigration adviser must obtain informed instructions. That requires an evaluation of the available 6 immigration...

3. [2017] NZEmpC 146 Yu v Zespri International Ltd [pdf, 767 KB]

   ...between Court and Bar and, in turn, depends upon an independent and strong legal profession. [39] This dicta underlines the importance which the Court attaches to the role of counsel, which may be undertaken subject to undertakings or suitable protections such as inspection of documents by counsel alone; and to any affidavit evidence which may be provided on the topic of disclosure. [40] Ms Richards submitted that she and her colleagues were well aware of their professional obliga...

4. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 52 [pdf, 226 KB]

   ...Goundar: [a] Charge 1: a charge of misconduct under s 73(c)(i) and (iii) of the Real Estate Agents Act 2008 (“the Act”) (wilful or reckless contravention of provisions of the Act and Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”)); [b] Charge 2: (in the alternative to Charge 1), a charge of misconduct under s 73(b) of the Act (seriously incompetent or seriously negligent real estate agency work); and [c] Charge 3: (in the alternati...

5. LCRO 88/2018 MC v OT (24 December 2018) [pdf, 225 KB]

   ...case basis. Generally speaking, those requests have been met by giving consideration to whether a transcript of the hearing would be prepared for providing to the party making request. [37] Any request is considered by the Review Officer, with careful regard to the strict confidentiality provisions which apply to review hearings. 7 [38] A recent decision of the Supreme Court considered an application for leave to appeal a decision of the Court of Appeal which had declined a req...

6. Mr E v REAA & Mr N [2013] NZREADT 27 [pdf, 39 KB]

   ...however the decision not to prosecute is one that the Tribunal will be slow to interfere with. [8] This summary does not adequately represent the detailed arguments that Counsel provided for which we thank them. We have however considered them all carefully. [9] The Tribunal has accepted a limitation on the right of appeal in Brown [2011] NZREADT 42. The Tribunal held that when considering an appeal from a decision to lay a charge the Tribunal would treat an appeal from this decis...

7. BORA Building Bill - Preliminary [pdf, 55 KB]

   ...seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. Inspection and monitoring powers - Clauses 42-45, 56-65, and 178 15. To achieve the objectives underlying the Bill it was considered necess...

8. BORA Manukau City Council (Regulation of Prostitution in Specified Places) Bill [pdf, 315 KB]

   ...purpose or effect of the proposed government action is to restrict that freedom. [2] 6. New Zealand and international jurisprudence supports the proposition that forms of expression that may be regarded as offensive or distasteful are nevertheless protected forms of expression. The Court of Appeal in Living Word Film Distributors v Human Rights Action Group [3] accepted the proposition that a fundamental aspect of the right to freedom of expression is that it extends to protecting all...

9. BORA Corrections Administration (Effectiveness and Efficiency) Bill [pdf, 352 KB]

   ...unreasonable search and seizure. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search and seizure, s 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 7. Reasonableness will depend upon both the “subject matter” and the unique combination of “time, place and circumstance”...

10. VL Nair v Devi [2014] NZIACDT 86 (15 September 2014) [pdf, 183 KB]

    ...complaints (this complaint is not one of them) I have determined Ms Devi should be excluded from reapplying for a licence for two years, and explain why I do not consider rehabilitation is realistic. The orders and findings in those cases address the protection of the public and desirability of rehabilitation, which are normally factors when imposing sanctions. Accordingly, for the present complaint, the sanctions simply need to be a reasonable reflection of the lapse from minimum standard...