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1. Complaints Assessment Committee 404 v Kumandan, Kumandan v The Real Estate Agents Authority (CAC 404) [2018] NZREADT 51 [pdf, 270 KB]

   ...guilty of misconduct because of a wilful or reckless contravention of the Act. Breach of R 6.2 and or R 6.4 [32] The question arises whether the rules impose any obligation on a licensee in the course of carrying out his/her duties to protect the position of a bank. Of course, an agent would be under an obligation to refrain from conniving at, assisting in or carrying out activities amounting to mortgage fraud. For example, if an agent knowingly drew up an agreement whi...

2. [2020] NZREADT 21 - Hanford (12 May 2020) [pdf, 181 KB]

   ...1 Jackman v CAC 10100 [2011] NZREAD 31, at [65]. See also Complaints Assessment Committee 414 v Goyal [2017] NZREADT 58, at [28]–[32]. 2 Section 3(1) of the Act. 3 Section 3(2). conduct in the industry, the need for consumer protection and the maintenance of confidence in the industry, and the need for deterrence, both in relation to the licensee concerned, and the industry as a whole. [17] A penalty should be appropriate for the particular nature of the misbehavi...

3. Auckland Standards Committee 2 v Kejriwal [2022] NZLCDT 24 (20 July 2022 [pdf, 156 KB]

   ...5. Prospects of rehabilitation [56] We reminded ourselves that the purpose of disciplinary proceedings is not punitive. Rather we focused on the issue of amenability to rehabilitation. [57] The key question is whether the primary purpose of protecting the public can be achieved in any way other than strike-off. That reflects the principle of the least restrictive intervention, to achieve the purposes of the legislation.7 [58] In the Shousha decision, at [56], her Honour quoted f...

4. NT v Parker [2019] NZIACDT 62 (4 September 2019) [pdf, 289 KB]

   ...application, so it was expected that Immigration New Zealand would properly assess the credibility of the claimed points. If it was now saying that the complainant was not eligible to claim the points, then the expression was not assessed with due care. It was unreasonable to raise a character issue that was ultimately the result of an error by Immigration New Zealand. The complainant’s declaration that she met the criteria for the claimed points was truthful from her perspective...

5. Wiezoreck v McHugh [2013] NZIACDT 35 (4 June 2013) [pdf, 240 KB]

   ...concerns regarding Ms McHugh’s compliance with the Code. [68] Soliciting a non-refundable fee, which may be higher than is fair or reasonable, in itself raised serious questions of integrity. [69] Any attendant non-compliance designed to obscure the protections the Act and the Code afford to clients would bear upon the same issue. [70] An overestimation of immigration prospects when soliciting non-refundable fees would be an additional factor bearing upon integrity. [71] These issu...

6. Kaiarahi-Family-Court-Navigators-Evaluation-Report.pdf [pdf, 6.7 MB]

   ...(61%) of Kaiārahi said whānau often or always already had a Family Court application when they first connected. Interviews with Kaiārahi and records of interactions in the administrative dataset suggest whānau interactions most often related to Care of Children Act 2004 applications, family violence incidents and Oranga Tamariki matters. Types of support for whānau The action most commonly recorded through the Kaiārahi survey was providing information to whānau about the Family...

7. [2016] NZEmpC 20 Roy v Board of Trustees of Tamaki College [pdf, 522 KB]

   ...Roy’s tendency to take from something that was said or done, a meaning or significance that it could not reasonably bear, but which now suits the theory of his case. Those two characteristics of Mr Roy’s veracity have required a very careful analysis of significant parts of his evidence and as a result of which I have come to the conclusion that many controversial aspects of his evidence are not able to be accepted. [41] Another characteristic affecting Mr Roy’s credi...

8. Supplementary advice on proposed Criminal Cases Review Commission model - Redacted [pdf, 319 KB]

   ...the secondary functions of the CCRC 10.4. the residual role for the Royal prerogative of mercy 10.5. the scope and process for the CCRC’s information-gathering powers 10.6. a mechanism for testing claims of confidentiality and privilege 10.7. protections for information gathered by the CCRC 10.8. an explicit statutory power for the CCRC to regulate its own procedure 10.9. allowing the CCRC to take no further action in respect of an application 10.10. an ability to co-opt special...

9. [2017] NZEnvC 012 Envirofume v Bay of Plenty Regional Council [pdf, 7 MB]

   ...human body. Again, there was no precision as to the time of this, but it may be several months, and the damage caused is both long term and irreversible. Clearly, this is a hazardous and dangerous substance that needs to be used with the utmost care. Its use has ceased in Europe and a number of other countries. [35] For these reasons it is treated in international documentation and in New Zealand with highly conservative limits to try to avoid any potential acute or chronic effect...

10. [2024] NZEnvC 105 Capil Grove Limited v Southland Regional Council [pdf, 2.4 MB]

    ...Permit Under Section 104B of the Resource Management Act 1991, a resource consent is granted by the Southland Regional Council to Capil Grove Limited of 27 Capil Road, RD 2, Invercargill 9872 from Date Consent Granted. Please read this Consent carefully, and ensure that any staff or contractors carrying out activities under this Consent on your behalf are aware of all the conditions of the Consent. Details of Permit Purpose for which permit is granted: To discharge agricultural...