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1. Stratton v REAA & Mathews [2013] NZREADT 37 [pdf, 58 KB]

   ...appellant was “real estate agency work”. The question is the application to that conduct of Rule 9.12 which provides: “9.12 An agent must not impose conditions on a client through an agency agreement that are not reasonably necessary to protect the interests of the agent.” [14] The Act and the Rules came into force on 17 November 2009. The agreement between Messrs Mathews and Stratton (for Bayleys) was signed on 27 October 2007. Accordingly, r.9.12 did not apply at the tim...

2. CAC10003 v Kumandan [2013] NZREADT 28 [pdf, 46 KB]

   ...commissions on related sales which did not proceed. He also tried to blame the administrative assistant for the forgery. [16] The case law against a conclusion that dishonesty necessarily means an agent’s character is impugned. We have therefore carefully examined his reputation, behaviour and other qualities. We know that Mr Kumandan was a solicitor/lawyer in his native South Africa; he told the Tribunal during the hearing that it had been hard to get work as an agent and so began...

3. Auckland Standards Committee v Rohde [2016] NZLCDT 9 [pdf, 34 KB]

   ...that he had a serious alcohol addiction, which he could not tackle alone, or without a serious intervention. 3 Issues [8] The issues for the Tribunal, in assessing penalty, are: 1. Do the public, as consumers, need to be directly protected from Mr Rohde? 2. Having regard to aggravating and mitigating features, and relevant case law, is a penalty less than suspension sufficient to mark the seriousness of Mr Rohde’s conduct? [9] In her submissions for the Standard...

4. CT v XD LCRO 218 / 2010 (10 June 2011) [pdf, 88 KB]

   ...unsatisfactory conduct. The question would be however, as to who was at fault. Was it the Respondent, Ms D, or CU? There is insufficient evidence to lay the blame for this entirely at the door of the Respondent. In addition, the Applicant’s position was protected by the steps taken by Ms D to adjourn the meeting, and when considered in the context of the overall proceedings, it would be somewhat harsh to single out the conduct relating to this meeting as constituting unsatisfactor...

5. BORA Taxation (Annual Rates, GST, Trans-Tasman Imputation and Miscellaneous Provision) Bill [pdf, 49 KB]

   ...resources and individual investors in these arrangements can be exposed to unexpected interest and penalties on any resulting unpaid tax. By providing greater certainty as to the application of tax laws, the proposed new subpart is expected to increase protection for taxpayers from avoidable shortfall penalties and interest. 16. The proposed new subpart ES treats taxpayers in a marital relationship differently from other taxpayers in order to recognise the financial interdependence bet...

6. BORA Veterinarians Bill [pdf, 95 KB]

   ...using their services have confidence in them. Veterinarians not only deal with animals and their owners, they also play an important role in food assurance systems, assist in ensuring that New Zealand’s export markets for meat and dairy products are protected (i.e. that the country’s export comply with importing country requirements), and assist in reducing bio-security risks to the country. In our opinion, the identified discrimination appears to be justified in terms of section 5 of...

7. LY v [North Island] SC LCRO 231 / 2011 (1 June 2012) [pdf, 86 KB]

   ...client’s money in a manner that complies with the obligations as set out in the Lawyers and Conveyancers Act (Trust Account Regulations) 2008. That this is a significant aspect of the Lawyers and Conveyancers Act 2006 is clear from the consumer protection purpose of the Act. [20] Whether disciplinary issues arise for a lawyer in relation to this obligation is a matter for determination by a Standards Committee in the first instance, being a first stage decision making body. The r...

8. IA v QZ and MA LCRO 205 / 2010 (18 June 2012) [pdf, 88 KB]

   ...NZLS to say that he had taken instructions from clients and was filing a statement of claim in the High Court, and due to his work pressures, he had asked the Applicant to prepare documents. He explained that the proceeding was against a person protected by the Tribunal Order, and stated, “He, of course, cannot act but I see no difficulty in having [the Applicant] prepare documents.” Mr M explained that the purpose of his letter was to seek the NZLS view on the matter of the Appl...

9. Notes from Crown Maori Relations hui Waikato 28 April 2018 [pdf, 439 KB]

   ...responding to broader social issues. • Agencies – A few speakers suggested that government agencies must meet the Government’s Crown/Māori relationship objectives. • Stability – One speaker indicated that the government needed to be careful to ensure that it doesn’t compromise the existing systems and mechanisms in place supporting our whānau and communities. Strengthen what is working well and offset the negative features. Examples of positive systems were Māori eco...

10. BORA Land Transport Amendment Bill [pdf, 155 KB]

    ...the Bill of Rights Act affirms that everyone has the right to be secure against unreasonable search or seizure, whether of the person, their property or correspondence, or otherwise. 6. The right to be secure against unreasonable search or seizure protects a number of values including personal privacy, dignity, and property.1 7. If a provision is inconsistent with s 21 of the Bill of Rights Act, it cannot be demonstrably justified with reference to s 5 of that Act. The creation of an u...