Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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”...

7. 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...

8. A Nair v Devi [2014] NZIACDT 87 (15 September 2014) [pdf, 182 KB]

   ...standards of conduct are maintained in the occupation concerned.” [10] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [10.1] 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 ...” [10.2] Demanding minimum standards of conduct: Dentice v Valuers Regist...

9. Finau v Tangilanu [2014] NZIACDT 96 (01 October 2014) [pdf, 184 KB]

   ...them) the Tribunal has prevented Ms Tangilanu from reapplying for a licence for two years. Those decisions explain why I do not consider rehabilitation is realistic. Those sanctions relating to Ms Tangilanu’s ability to hold a licence address the protection of the public and the desirability of rehabilitation. In relation to the other sanctions imposed, the orders excluding Ms Tangilanu from practising are taken into account as part of the matrix of penalties. [12] Each of the 12 compl...

10. A & T Kaufusi v Tangilanu [2014] NZIACDT 98 (01 October 2014) [pdf, 184 KB]

    ...them) the Tribunal has prevented Ms Tangilanu from reapplying for a licence for two years. Those decisions explain why I do not consider rehabilitation is realistic. Those sanctions relating to Ms Tangilanu’s ability to hold a licence address the protection of the public and the desirability of rehabilitation. In relation to the other sanctions imposed, the orders excluding Ms Tangilanu from practising are taken into account as part of the matrix of penalties. [12] Each of the 12 compl...