Search Results

1. McLachlan v CAC 10048 & Hegan [2012] NZREADT 39 [pdf, 51 KB]

   ...Licensees, who have a monopoly to sell real estate, can be expected to have a good knowledge of the principles of instrumentality of sale. Laypeople are unlikely to have such a knowledge. That puts them at a decided disadvantage. This is consumer protection legislation, which is designed to provide clients and customers with a degree of protection in such circumstances.” [15] While this case can be distinguished on the facts, these general statements of that Committee are correct...

2. LCRO 263/2015 DH v EI (12 May 2017) [pdf, 124 KB]

   ...solicitor to hold as a stakeholder on behalf of both Mr FJ and Mrs EI. [45] Mr KL states:18 In this way I considered that Mr DH would be complying with his obligations under the judgment of Dobson J to release the full proceeds of sale and would be protected against a claim being brought against him by his client for the overpayment that would be involved. [46] In reaching a view that Mr DH’s conduct constituted unsatisfactory conduct, the Committee is not only disagreeing with Mr...

3. [2016] NZEmpC 117 NZMWU Inc v AFFCO NZ Ltd [pdf, 160 KB]

   ...may be summarised as follows: a) Would any sum claimed by the second plaintiffs in respect of lost remuneration as a result of the unlawful lockout and conduct be a claim for damages, or would it be a claim for “wages” under the Wages Protection Act 1983 (WP Act)? b) Should the calculation of lost remuneration disallow any period when the employee was on a benefit (other than an unemployment benefit, now known as Job Seeker Support) or working elsewhere, either on the emp...

4. BORA Patents Bill [pdf, 317 KB]

   ...otherwise.” 18. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 19. The requirements in clause 211(1) and (2) and clause 214(1)(c), which were discussed above under the freedom of expression,...

5. BORA KiwiSaver Bill [pdf, 414 KB]

   ...seizure. There are two limits to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 26. Clauses 166, 167, and 169 of the Bill[3] constitute powers of search and seizure for the purposes of section 21 of the Bill of Rights A...

6. Complaints Assessment Committee 409 v Ganesh [2018] NZREADT 27 [pdf, 195 KB]

   ...satisfied that the only proper finding in respect of his statements to the investigator was to find Mr Ganesh guilty of disgraceful conduct under s 73(a) of the Act.7 Sentencing principles [18] 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.”8 The Act achieves these purposes by regulating agents, branch ma...

7. [2020] NZREADT 49 - Hammond v The Real Estate Agents Authority (12 October 2020) [pdf, 255 KB]

   ...the cladding issue related to further EQC work required to be completed. [6] The Tribunal found that Ms Tafilipepe’s advertising was misleading, and therefore a breach of r 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). The Tribunal accepted that the 1 Hammond v Real Estate Agents Authority (CAC 520) [2020] NZREADT 34. misrepresentation was not deliberate, as Ms Tafili...

8. Buchanan - Riwaka-Matiu-Mātana Whanau Trust (2018) 50 Te Waipounamu MB 152 (50 TWP 152) [pdf, 253 KB]

   ...to enable them to build a home for their families. This was land that formed part of Waikawa Village section 23. [13] Paia, in a written statement records that before he died her father had asked Paia and her husband to return home to Picton to care for Agnes and Matthew in the event anything happened to him. Matthew had an intellectual disability as a result of being hit by a car when he was very young. Paia and her husband agreed and returned home after William died. They used...

9. [2023] NZREADT 35 - UM v REAA (CAC 2103) (13 December 2023) [pdf, 226 KB]

   ...paid in the immediate past and had failed to review the owner’s bank statements and inform the purchaser of the reduced rent paid. This was found to be a breach of rr 5.1 and 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules) and to amount to unsatisfactory conduct. [3] The Tribunal made a non-publication order: [142] The Tribunal can restrict publication of its decision in accordance with s 108(1) of the Act. In light of the outcome...

10. [2025] NZIACDT 34 - KU v Wang (24 June 2025) [pdf, 125 KB]

    ...it, uphold it but take no further action or uphold it and impose one or more sanctions.7 [28] The sanctions that may be imposed by the Tribunal are set out in the Act.8 The focus of professional disciplinary proceedings is not punishment but the protection of the public.9 [29] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ...