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1. Fear v The Real Estate Agents Authority (CAC 411) NZREADT 17 [pdf, 259 KB]

   ...unsatisfactory conduct are determined by having regard to the need to maintain a high standard of 12 Section 3(1) of the Act. 13 Section 3(2). conduct in the industry, the need for consumer protection, the maintenance of confidence in the industry, and the need for deterrence. [37] A penalty should be appropriate for the particular nature of the misbehaviour, and the Committee or the Tribunal (as the case may be) should endea...

2. [2017] NZEnvC 179 Auckland International Airport Limited v Auckland Council [pdf, 6.1 MB]

   ...identified, and that property owners in general have this matter brought to their broad attention such that they can investigate further to see whether the designation change affects their property if they so wish. [43] I acknowledge Mr Berry's careful submissions on the question of whether this could be achieved simply by dispensing with service and making alternative directions, I 13 relates. [44] Although I note that notified plan changes may not require every landowne...

3. The Real Estate Agents Authority (CAC 413) v Taylor [2018] NZREADT 24 [pdf, 208 KB]

   ...regarded as misconduct is to be determined from the nature of the conduct and not from its consequences.’” [27] In Phillips5 the Tribunal stated that the purpose of professional disciplinary cases is to maintain professional standards and to protect the public. It is correct that section 3 of the Act contains an explicit statement of the purpose of the Act which is broadly to promote and protect the interests of consumers and to promote public confidence in the performance of...

4. Manuel v Carroll - Lot 1 Deposited Plan 5004 Part Waimarama 3A1A1 (2020) 83 Takitimu MB 41(83 TKT 41) [pdf, 231 KB]

   ...has damaged the land and has sought to improperly obtain title for himself. Mr Carroll claims that Ms Manuel’s approach is inconsistent with tikanga Māori and that he should be allowed to remain on the land for the rest of his life, given the care and protection he has provided for the whenua and the fact that he has put in place a sewerage and water system that will benefit all owners in the future. Mr Carroll would strongly prefer that further alternative dispute resolution be...

5. Watson v Day - Torere Section 64 (2024) 310 Waiariki MB 227 (310 WAR 227) [pdf, 286 KB]

   ...where the Court stated:7 It is inappropriate to strike out a claim summarily unless the court can be certain that it cannot succeed. The case must be “so certainly or clearly bad” that it should be precluded from going forward. Particular care is required in areas where the law is confused or developing. [19] The fundamental question for the Court to determine is whether the causes of action set out in Mr Watson’s application for removal are so clearly untenable that they c...

6. Auckland Standards Committee v Valu Pome'e [2014] NZLCDT 87 [pdf, 107 KB]

   ...marriage certificate. While not in the same league as the preceding charge it is a further failure towards the client. (Failure No. 11) Penalty [28] We remind ourselves that the predominant purpose of penalty to be considered by the Tribunal is protection of the public and maintenance of professional standards in order to enhance public confidence in the legal profession. [29] Mr Davey submitted to us that “proven dishonesty, whether or not leading to criminal proceedings and c...

7. 27-Sept-2022-Redacted-SAR-for-publication-suggested-redactions2.pdf [pdf, 5.6 MB]

   ...offending that can occur in vehicle convoys responds to offending on our roads that can occur when groups of gang members travel together. Use of cash by gangs 10. Profit is one of the key drivers of organised crime. Gangs are highly motivated to protect and increase their share of the illicit drug market. In 2021, the New Zealand methamphetamine market was worth an estimated NZ$297.2 million. This money is coming from some of our most vulnerable communities. Criminal transactions s...

8. Supplementary Analysis Report Criminal Activity Intervention Legislation Bill [pdf, 5.6 MB]

   ...offending that can occur in vehicle convoys responds to offending on our roads that can occur when groups of gang members travel together. Use of cash by gangs 10. Profit is one of the key drivers of organised crime. Gangs are highly motivated to protect and increase their share of the illicit drug market. In 2021, the New Zealand methamphetamine market was worth an estimated NZ$297.2 million. This money is coming from some of our most vulnerable communities. Criminal transactions s...

9. LCRO 173/2014 G NP and H NP v DC (27 September 2018) [pdf, 289 KB]

   ...he made related only to the abandoned formal proof hearing on 16 September 2013. 1 The issue of whether Ms DC was in breach of r 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 by acting for both the mother and maternal grandmother, was dealt with by the Committee when it considered the NP’s first complaint. The Committee concluded that Ms DC had not breached r 6.1. This was not the subject of any...

10. [2023] NZEmpC 168 AJY v Chief Executive of the Department of Corrections [pdf, 545 KB]

    ...privacy breach as they “knowingly accessed the offenders’ information” (emphasis added). Finally, he noted his view that AJY’s actions and behaviour constituted serious misconduct and warranted disciplinary action. He stated that, having carefully considered all of the circumstances and the range of disciplinary sanctions available to him, his preliminary view was that the appropriate disciplinary sanction was dismissal on notice. [62] In response, Mr Hope correctly noted...