Search Results

1. BORA Parole Amendment Bill [pdf, 314 KB]

   ...earlier review, meant that detention had become arbitrary.[11] 7. I consider that the following safeguards ensure that the proposed increases in the maximum interval between parole reviews and the maximum duration of a postponement order should protect an offender from arbitrary detention beyond their parole eligibility date: 7.1 The Board has discretion over the length of the actual interval between parole reviews,[12] including when making postponement orders,[13] and is req...

2. Zhai v The Real Estate Agents Authority [2018] NZREADT 33 [pdf, 178 KB]

   ...licensees’ failure to meet their obligations. Section 54(d), in particular, is consistent with the purpose of the Act, and the means by which the Act achieves its purpose: 3 Purpose of the Act (1) The purpose of this 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. (2) The Act achieves its purpose by– … (b) raising industry s...

3. Vertongen v The Real Estate Agents Authority (CAC 413) and Dunlop [2018] NZREADT 44 [pdf, 235 KB]

   ...respondent on appeal that whether or not there has been unfairness depends upon the outcome that resulted rather than the subjective state of mind of the person who has been charged. Given that the Act and the regulatory framework have as their purpose protection of consumers in respect of transactions1, we would accept that such an approach is legitimate. [33] As it was, Mr Simpson’s case was that it was “unfair” for the appellant to proceed with authorising the electrical r...

4. Century 21 Wellington Limited v Complaints Assessment Committee 412 [2017] NZREADT 47 [pdf, 150 KB]

   ...unsatisfactory conduct in that Century lacked proper office systems and financial controls to safeguard client funds. (b) In breach of ss 50 (1) and (2) of the Act, and Rules 8.3 and 8.4 of the Real Estate Agents Act (Professional Conduct and Client Care Rules 2012 (“the Rules”) Century failed to provide a suitable supervision structure and framework to ensure that the licensees were supervised appropriately. Century’s inadequate supervision structure allowed Schembri as a n...

5. NZCVS Cycle 1 (2018) Key Findings (with infographics) [pdf, 3.9 MB]

   ...the work to New Zealand Ministry of Justice and abide by the other licence terms. Please note you may not use any departmental or governmental emblem, logo, or coat of arms in any way that infringes any provision of the Flags, Emblems, and Names Protection Act 1981. Use the wording “New Zealand Ministry of Justice” in your attribution, not the New Zealand Ministry of Justice logo. This booklet provides insights and analysis of the New Zealand Crime and Victims Survey (NZCVS) r...

6. [2019] NZEmpC 93 ITE v ALA [pdf, 278 KB]

   ...breach of the confidentiality provisions of a s 149 settlement agreement which the defendant was entitled to rely on. Further, there is evidence before the Court to support the defendant’s submission that non-publication orders are necessary to protect the defendant’s relationships with other organisations. It is also clear that the plaintiff’s actions have had a significant negative impact on staff whom he used to work with. That is unsurprising, having regard to the evide...

7. [2020] NZEmpC 129 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei [pdf, 190 KB]

   ...nevertheless has a measure of experience in proceedings before this Court. She put her failure in this case down to immense pressure of work she is under in representing other clients. [28] In the circumstances I have considered the matter carefully. While an attempt to obstruct or interfere with the course of justice is a very serious matter, there are some mitigating circumstances in this case. [29] I have decided that imposing a fine is not appropriate. I have decided th...

8. [2020] NZEmpC 32 Kocaturk v Zara’s Turkish Ltd [pdf, 351 KB]

   ...explanation. However, I accept that there is a possibility that the present deficiency can be overcome by amended pleadings. If the claim that a statutory limitation does not apply is to be pursued, attention will need to be given to s 11 of the Wages Protection Act 1983 that was not discussed by either counsel in submissions. [28] In the orders that follow a short timeframe is provided for an amended statement of claim and defence to be filed to enable the case to be finally al...

9. NZCVS Cycle 2 (2018 – 19) Key Findings [pdf, 1.5 MB]

   ...the work to New Zealand Ministry of Justice and abide by the other licence terms. Please note you may not use any departmental or governmental emblem, logo, or coat of arms in any way that infringes any provision of the Flags, Emblems, and Names Protection Act 1981. Use the wording “New Zealand Ministry of Justice” in your attribution, not the New Zealand Ministry of Justice logo. https://www.justice.govt.nz/justice-sector-policy/research-data/nzcvs/resources-and-results/...

10. [2022] NZIACDT 11 - BU v McCarthy (18 May 2022) [pdf, 193 KB]

    ...above n 7, at [97], [101]–[102] & [112]. 6 ASSESSMENT [27] The Registrar relies on cl 1 of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. (1) Failing to lodge a s 61 request with Immigration NZ, in breach of cl 1. [28] Mr McCarthy was instructed in December 2017. The daughter-in-law’s immigration situation was urgent, as she was unlawfully in the...