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1. Complaints Assessment Committee 408 v Reed [2017] NZREADT 34 [pdf, 160 KB]

   ...[11] The Tribunal concluded that Mr Reed’s conduct constituted “seriously negligent real estate agency work”, and thus misconduct under s 73(b) of the Act.3 Sentencing principles [12] The principal purpose of the Act is to “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.”4 The Act achieves these purposes by regulating agents, branch managers...

2. [2019] NZEmpC 41 Renaissance Assets Management Ltd v Ge [pdf, 350 KB]

   ...what happened before his dismissal. He also gave evidence about being required to pay a premium for the job. 6 Attorney-General v McVeagh [1995] 1 NZLR 558 (CA) at 566. Confirmed in Pharmacy Care Systems Ltd v Attorney-General (2001) 15 PRNZ 465 (CA) at [19]. The application [12] The application relies on the same grounds to strike out both proceedings. The crux of the application is that Mr Ge did not misrepresent hi...

3. Coma v Real Estate Agents Authority [2019] NZREADT 14 [pdf, 184 KB]

   ...that there was no error in Committee’s decision to take no further action on the complaint. In other words, Mr Coma was found by the Committee not to have breached any provision of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012, or any provision of the Act. The complainants’ contentions to the opposite effect were rejected. [32] That outcome can be seen by any person reading the decision. A reader can see that there was nothing in the complaint...

4. [2020] NZEnvC 108 Terra NZ Group Limited v Auckland Council [pdf, 406 KB]

   ...3 (i) The earthworks exceeded the area of 2,600 m2 authorised by Condition 1 of the resource consent; and (ii) The culverts for the road exceeded the permitted activity standards, being longer than 30 metres and with erosion and sediment protection works in excess of 5 metres. [8] The relevant rules under the AUP appear to be Rule E3.4.1 (A33) in respect of culvert lengths and Rule E3.6.1.14 (b) in respect of the erosion and sediment protection works. These were the matters...

5. Complaints Assessment Committee 403 v Zhang [2018] NZREADT 53 [pdf, 179 KB]

   ...through a disciplinary process that is independent, transparent, and effective. 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. [10] A penalty should be appropriate for the particular nature of the misbehaviour, and the Tribunal should endeavour to maintain consistency in pen...

6. YA & AZ v BT [2024] NZDT 765 (22 November 2024) [pdf, 118 KB]

   ...or into their roof. It also was not adequate because it created ongoing maintenance expenses and because it extended too far into their property and close to their house. The applicants further submitted that even if maintenance was currently taken care of by BT and NT, if they sold their property, a future owner of their property might not do so. 23. NT argued the hedge is attractive, healthy and provides an adequate degree of privacy for the occupants of each property. NT provided r...

7. Auckland Standards Committee 2 v Small [2024] NZLCDT 32 (16 October 2024) [pdf, 106 KB]

   ...(3) A person commits an offence against this Act and is liable on conviction to a fine not exceeding $25,000 who knowingly acts in contravention of subsection (1). [10] Rule 10.2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) provides: Reputation of profession 10.2 A lawyer must not engage in conduct that tends to bring the profession into disrepute. [11] Rule 10.9 of the Rules provides: Misleading and deceptive conduct 10.9 A lawy...

8. LCRO 341/2013 QE v ML (nee BM) [pdf, 262 KB]

   ...Standards Committee had based its finding of unsatisfactory conduct. That has been cured on review and Ms GH has addressed each of the items of correspondence in her submissions on review. [65] Each of the submissions made by her have been carefully considered and the supporting correspondence examined. In each case Ms GH’s submissions are accepted. It is also noted that there was no follow-up correspondence from Mr QA to Mr QE requesting responses be provided. [66] On th...

9. Legal Aid Audit Report 2017-2018 [pdf, 367 KB]

   ...With few exceptions, overall ratings of excellent and very good were reserved for providers who regularly communicated with their clients. Final reporting letters were a feature of all the excellent audits sampled. Providers also provided client care information on receiving the grant of legal aid. Inconsistencies in reporting (such as failing to provide final reporting letters) typically reduced an otherwise-excellent rating to very good. Even at higher ratings, providers were freq...

10. [2020] NZIACDT 41 - TBE v Proudman (30 September 2020) [pdf, 243 KB]

    ...has notice of the complaint filed in the Tribunal. ASSESSMENT [54] The Registrar relies on cl 1 of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. 1. Negligence, or alternatively breach of cl 1 – 1.1 Provided the complainant with incorrect advice regarding the definition of dependent child under the immigration instructions; 11 1.2 Failed to inform...