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1. [2007] NZEmpC AC 12/07 CE of Unitec Institute of Technology v Henderson [pdf, 105 KB]

   ...I have finished talking. [27] Ms Grant responded by e-mail to Ms Henderson within two hours of receiving the latter’s communication and being justifiably concerned about its tone and contents. Ms Grant’s e-mail warned Ms Henderson to think carefully about what she intended to do and take advice about what Ms Grant described as an “ominous” sounding course of action. Ms Grant invited a further approach from Ms Henderson for discussions about these matters. Although unknown...

2. Guo v CAC304 & Ors [2015] NZREADT 35 [pdf, 258 KB]

   ...of a pre- auction offer but says that she advised him that the best time would be after the first open home and that they should arrange for a building inspection before making an offer. Mr Rea puts it that her justification for that was clearly to protect the interests of that prospective purchaser because he and his family had only recently arrived in New Zealand and she felt that their interest needed to be protected. [49] Ms Yan also acknowledges that there was a second occasion on...

3. [2021] NZREADT 18 - Brady (28 April 2021) [pdf, 338 KB]

   ...Marmitmor, completing Marmitmor’s purchase of the property, and taking a commission on the sale, Mr Brady breached ss 134 and 135 of the Act, and rr 5.1, 6.1, 6.2, 6.3, 9.1, and 9.14 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). In the alternative, the Committee alleged that if the Tribunal were not satisfied that Mr Brady is guilty of misconduct, it could find that he had engaged in unsatisfactory conduct (under s 72 of the...

4. [2023] NZREADT 11 - CAC 2103 v Lieven (15 May 2023) [pdf, 263 KB]

   ...v Real Estate Agents Authority (CAC 20003), his Honour Justice Cooper stated that a narrow and literal approach to the definition of “real estate agency work” would be inappropriate given that the main object of the Act is the promotion and protection of the interests of consumers in respect of real estate agency work. His Honour stated that the definition of “real estate agency work” applies to the overall task the agency is required to perform.21 He said:22 … once the...

5. LCRO 8/2024 HC v QG and VO (28 February 2025) [pdf, 239 KB]

   ...signed. [20] In October 2022, the respondents wrote to the NZLS alleging misconduct by the applicant. Their letter straddles the fence between being a confidential report under r 2.8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) and a complaint under s 132 of the Lawyers and Conveyancers Act 2006 (the Act). The Lawyers Complaints Service (the LCS) treated it as a complaint. The complaint [21] There were two discrete complaints. The fi...

6. Cotter - Okaihau No 3C No 2 (2014) 32 Takitimu MB 168 (32 TKT 168) [pdf, 121 KB]

   ...payments to anyone without the Court’s approval. That direction was issued for the very reason that should any further payments be made they would be subject to further claims of imprudent conduct in the absence of Court approval. So as to protect the interests of the trust as well as Mr Puriri the direction was issued that payments should cease without the Court’s approval. [12] That as the applicants allege Mr Puriri appears to seek to limit the access by properly appointed...

7. Thomas v CAC304 & Anor [2016] NZREADT 17 [pdf, 129 KB]

   ...[18] Mr Lang and his solicitors were adamant that he had been. We cannot test this conclusion but it supports our view that there was a risk of confusion. The purpose of the Rules and the Real Estate Agents Act is to ensure that consumers are protected 5 from being taken by surprise. Agents are obliged to use their best endeavours not to confuse purchasers or to deceive them and are obliged to draw to purchasers’ attention matters which in fairness they ought to be aware...

8. ED v VV LCRO 229 / 2010 (15 June 2011) - Costs Decision [pdf, 104 KB]

   ...against a lay person, it must be remembered that the scheme of the complaints procedure, is to enhance the rights of consumers to complain about the conduct of lawyers. The inclusion of the concept of unsatisfactory conduct has introduced a consumer protection element into the disciplinary process that did not previously exist. [15] Those rights are extended to the right to seek a review of decisions by the Standards Committees. In this regard, it is important to recognise that thi...

9. Tapiki and Eru v New Zealand Parole Board (Strike-Out Application) [2017] NZHRRT 41 [pdf, 172 KB]

   ...(other than the offender). [11] It is the position of Ms Tapiki and Ms Eru, that in terms of s 50(2), they are person(s) other than the offender and the disclosure of their address unduly interfered with their privacy. The Parole Board could have protected their privacy and withheld their address pursuant to s 50(2) but did not. [12] In reply, the Parole Board reiterated that s 50 required the release of Mr Dolman’s release conditions (including his address) and reiterated that th...

10. Edwards v Capital and Coast DHB (Application for Non-Publication Orders) [2016] NZHRRT 19 [pdf, 53 KB]

    ...expression. Whenever the court is asked to make an order of that kind, therefore, it is necessary to consider carefully whether a derogation of any kind is strictly necessary, and if so what is the minimum required for that purpose. [10.3] The need to protect the particular interests of children can be an exceptional circumstance in civil proceedings. Generally, persons under the age of 18 years can expect non-publication orders. See for example ss 11B to 11D of the Family Courts A...