Search Results

1. [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...

2. [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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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,...

9. 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...

10. 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...