Search Results

1. READT annual report 2021 [pdf, 215 KB]

   ...constitutes an offence for which the licensee has been convicted, and which reflects adversely on the licensee’s fitness to be a licensee. Many of the cases that come before the Tribunal involve complex issues of law and/or fact, which require careful consideration. The Tribunal has built up a considerable body of precedent decisions, which provide guidance to Complaints Assessment Committees, and the industry as a whole. Page | 5 Decisions of the High Court and...

2. CAC 20003 v Weldrand [2013] NZREADT 78 [pdf, 62 KB]

   ...above. She had later drawn up the invoice (from her husband’s and her inspection company) to cover the time it took a staff member to source the email and, she said, that was paid by JVL Real Estate Ltd in the usual course. [20] Mrs Twigge was carefully cross examined by the licensee/defendant as to the detail of his visit to the complainant’s property and the movements of the parties on 5 that occasion. In the course of that cross-examination Mrs Twigge mentioned how sh...

3. Mansfield v Pomana - Matawihi 1A & 2 Blocks (2013) 24 Takitimu MB 287 (24 TKT 287) [pdf, 164 KB]

   ...wilfully overpaid her husband in amounts approaching $50,000 and made payments to his siblings far beyond their entitlements for a combined total exceeding $120,000 is as surprising as it is unacceptable. [25] I therefore direct the trustee to carefully consider Mrs Edwards-Walker’s response, should any be forthcoming, and then to take legal advice as to what possible remedies may be available to them to either recover these amounts or to involve the relevant enforcement author...

4. Vikashwarjeet v Devi [2014] NZIACDT 27 (17 March 2014) [pdf, 102 KB]

   ...or confirm in writing the details of material discussions (Clause 3 of the Code of Conduct). [10.2] The adviser failed to carry out her lawful, informed instructions to file an application for a visitor visa and did so: [10.2.1] Through lack of care, diligence, and professionalism (Clause 1 of the Code of Conduct), and/or did so 4 [10.2.2] Negligently (section 44 of the Act) by not informing the complainant properly of the likelihood of an application being successful, an...

5. LCRO 103/2020 ZA - Application for review of a prosecutorial decision (24 August 2020) [pdf, 212 KB]

   ...clear that any delay was not occasioned by the Committee reinvestigating a matter in which it had earlier issued a final determination. [111] The concerns expressed regarding delay are understandable. However, in a jurisdiction where focus is on protection of the public and the requirement for there to be a robust regulatory regime, the delay that has occurred in this case would not be sufficient to persuade me that it was appropriate to curtail the conduct inquiry. Conclusion...

6. Chief Coroners Annual Report 2018-2019 [pdf, 1.6 MB]

   ...• the death occurred while the person concerned was affected by anaesthetic and that was medically unexpected • the death of a women that occurred while the woman was giving birth • the death occurred in official custody or care • the death in relation to which no doctor has given a death certificate. Coronial process Once a death has been reported, the coroner decides whether to accept or decline jurisdiction. If a coroner accepts jurisdiction,...

7. Otago Standards Committee v Duff [2021] NZLCDT 25 (2 September 2021) [pdf, 168 KB]

   ...standard. In these circumstances, Mr Farmer says, it is unfair for Mr Duff to face a serious allegation (unconnected with his legal work) which will only need to be made out on the balance of probabilities. [7] We have considered this argument carefully, but it cannot relieve us of our obligation to determine the charges laid by the Standards Committee. Parliament could have chosen to limit the Tribunal’s jurisdiction to conduct in the course of providing legal services and oth...

8. LCDT Annual Report 2021 [pdf, 531 KB]

   ...the implications of recent High Court and Court of Appeal decisions on disciplinary issues. New members are inducted with a full review of the governing legislation, procedural rules and court etiquette. Ethical duties of members are also carefully outlined. Administration The Tribunal’s Case Manager, Ms Susan Knight has continued to efficiently co-ordinate all of the administration including the complex task of organising 5-member hearings, at various hearing ven...

9. [2021] NZEnvC 077 Minister of Conservation v Northland Regional Council [pdf, 1.2 MB]

   ...Federated Farmers were somewhat more reluctant; and d) In the end the Court issued a separate minute in April 2021 determining that it would proceed to finalise this decision on these issues. Impact ofNES-F on this hearing [17J We have considered carefully the effect of the NES-F on the matters before us at this hearing. The Court declaration was that the NES-F was intended to apply upstream of the river mouth as that is defined in the various regulations. and policy statements....

10. [2022] NZEnvC 163 11 Cheshire Street Body Corporate v Auckland Council [pdf, 1.6 MB]

    ...granted to Summerset Villages (Parnell) Limited to construct and operate a retirement village on the subject site along with enabling works and necessary infrastructure. The retirement village would include 216 independent living units and 100 aged care units along with a range of ancillary and complementary activities, including a publicly accessible café in the station plaza area. 235 car parking spaces are proposed across a number of basement car park areas. Conditions...