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1. [2021] - NZREADT 09 - Complaints Assessment Committee 1905 v Papuni (24 February 2021) [pdf, 265 KB]

   ...misconduct under s 73(a) (disgraceful conduct) of the Act. We are not required to consider the alternative charge under s 73(b). Penalty Principles as to penalty [21] The principal purpose of the Real Estate Agents Act 2008 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 manage...

2. [2020] NZREADT 24 - Schroder (16 June 2020) [pdf, 163 KB]

   ...significantly reduced. Recently, his income has been affected by the Covid- 19 pandemic. 2 Pursuant to s 126 of the Act. Penalty principles [29] 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.3 The Act achieves these purposes by regulating agents, bran...

3. [2020] NZIACDT 18 - UO v Nukulasi [pdf, 92 KB]

   ...party has requested an oral hearing. ASSESSMENT [36] The Registrar relies on the following provisions 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. Futile immigration matters 9. If a proposed application, appeal, request or claim is futile, grossly unfounded, or has little or no hope of success, a licensed immigration adviser must: a. advise the client in...

4. [2022] NZEnvC 226 Wellington City Council v Liffey Street Limited [pdf, 294 KB]

   ...risk now posed to the neighbouring properties from the potential for subsidence. 43 I do not have any confidence that Mr Vasist will comply with any abatement notice the Council serves. The strong impression we have is that Mr Vasist does not care about taking the precautions required to ensure the effects of his development are contained to the construction site. Reluctantly, my manager and I have concluded that we need the Court to make an interim enforcement order and hope that...

5. [2022] NZEnvC 175 Greensmith v Auckland Council [pdf, 1.5 MB]

   ...A11th01i!J v BW Offshore Singapore Pte Ltd [2021] NZHC 2577. 18 Foodst11ffs (Otago S 011thla11d) Prope,ties Limited v D11nedin City CoH11cil (1996) 2 ELRNZ 138. 19 DFC NZ Ltd v Bielf?J [1991] 1 NZLR 587. 10 [18) The High Court in Environmental Protection Authotiry v B W Offshore Singapore Pte Ltd signalled a potential departure from the Biellry factors in favour of the High Court costs principles.20 However, this Court has identified concerns with the approach in BW Offshore and h...

6. Twigley v New Zealand Law Society [2023] NZLCDT 28 (18 July 2023) [pdf, 148 KB]

   ...fresh start, he has adopted a community-minded and unselfish approach to helping others in need. 15 See above n 8. 7 [19] For obvious reasons, we cannot place weight on the positive references from his family members. In fact, in a protective jurisdiction such as this, personal references can rarely be accorded much weight unless they specifically address, for example, the work a practitioner has put into addressing underlying causes of the misconduct. That sort of en...

7. Auckland Standards Committee 1 v Hooker [2018] NZLCDT 15 [pdf, 250 KB]

   ...that negligence under s 241 had not been made out for the reason that the failure was not such as to reflect on the respondent’s fitness to practise or as to bring the profession into disrepute. It was not conduct that was below the standard of care required of the ordinary solicitor. [23] Mr Billington acknowledged that it was hard to resist the proposition that the respondent’s failure qualified as unsatisfactory conduct under s 12. [24] Mr McCoubrey, for the applicant, did n...

8. Mairs v The Real Estates Agents Authority (CAC 413) NZREADT 9 [pdf, 819 KB]

   ...authorised was a belief that was not formed as a result of making responsible and sufficient enquiries. It may be that a state of mind which was honestly held but could not have been held by any reasonable agent as a result of making sufficiently careful and thorough enquiries may not save an agent from a charge of disgraceful conduct. The precise ambit of the charge in such a scenario is a matter that can be left for another occasion. [34] In the specific factual context of this c...

9. [2021] NZACC 105 - W v ACC (16 July 2021) [pdf, 384 KB]

   ...Regulations which came into effect on 1 July 1994. The claimant needed 24 hour attendant care as a result of brain damage following a suicide attempt for which cover was granted. His mother who had been appointed his welfare guardian under the Protection of Personal and Property Rights Act 1988 had brought him home so he could be cared for in the community. As well as paid carers, the mother of the claimant had been doing 120 hours of care per week. The issue in the case was w...

10. LP v MT LCRO 74/2013 (22 October 2014) [pdf, 78 KB]

    ...different proposition from that which formed the basis of Ms LP’s first offer. [43] Ms LP’s first offer was for $175,000 and that was the price accepted by the mortgagee in the Agreement which was finally signed. However, the benefits and protections of the first offer were not included in the offer as accepted and consequently the value to Ms LP was substantially reduced. [44] If, as suggested by Ms NQ in her email to Ms LP dated 29 November, it was possible for the mortgag...