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1. Lloyd v CAC 10056 & Davies [2012] NZREADT 27 [pdf, 149 KB]

   ...functions which the imposition of a penalty usually must serve in professional disciplinary proceedings. They include: a. Section 3(1) of the Act sets out the purpose of the legislation. 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 Promoting and protecting the interests of consumers and the public generally...

2. Hawkes Bay Standards Committee v Heaphy [2014] NZLCDT 78 [pdf, 134 KB]

   ...warranted. We reserved our reasons for that determination, which we now set out. [3] The facts which affected our decision are as follows: 1. The seriousness of the conduct. 2. Aggravating features? 3. Mitigating features? 4. Deterrence. 5. Protection of the public and the reputation of the profession. 6. Relevant penalty decisions. 1. Seriousness of the conduct [4] The starting point in a penalty decision is the seriousness of the conduct found1. In our decision on li...

3. O'Connor v MacDee McLennan Construction Limited [2011] NZWHT Auckland 67 [pdf, 156 KB]

   ...paint began to peel. THE ASSESSOR’S REPORT [17] The claimants lodged a claim with the WHRS on 21 April 2008. [18] The assessor found that the house leaked: 15.2 Where and why does it leak? 15.2.1 Joinery transitions – no protective flashings or in seal – insufficient head flashing detail – in variance with manufacturer’s specifications. 15.2.2 Flat topped balustrade – no protective flashings or slope – in variance with specifications and plans. 15...

4. [2021] NZEmpC 217 Humphreys v Humphreys and Chief Executive of the Ministry of Health [pdf, 368 KB]

   ...needs mean that she cannot be left unsupervised. She lives with her parents. Her adult siblings, who I infer do not have disability needs, do not live with their parents. Sian’s father is the plaintiff, Mr Humphreys. He is Sian’s primary carer. Her mother, Ms Jimenez, works full-time out of the house in paid employment but otherwise provides care for Sian. [3] From August 2014 Sian was in receipt of funding under what is known as the Funded Family Care Model. The Funded Fa...

5. Waikato Bay of Plenty Standards Committee 1 v Jacobsen [2021] NZLCDT 18 (25 May 2021) [pdf, 186 KB]

   ...appreciated the consequences such as the ability for Ms Jacobsen and her husband to refinance without reference to her, as they did in April 2018. [20] We find Ms Jacobsen’s conduct in assuring her mother that her interest in the property would be protected was conduct that was likely to mislead or deceive her mother. If her mother had the degree of sophistication in business matters that Ms Jacobsen contends, she would have inferred from the promise of a caveat that she would...

6. He Waka Roimata - Transforming our Criminal Justice System [pdf, 5 MB]

   ...increasingly their wāhine) who were removed from their whānau by the criminal justice system. They talked with us about their resulting mamae.3 We commonly heard that this removal was not the first – many also experienced removal as tamariki into state care. 2 Chief (male or female), those of high rank. 3 Hurt and pain. We witnessed grief and anger among people who the system should most protect – those who face significant disadvantage because of their circumstances. This can...

7. 2019 Directory of Official Information J-L [pdf, 490 KB]

   ...Lakes District Health Board ...............................................................................................21 Land Information New Zealand .........................................................................................27 Landcare Research New Zealand Ltd ...............................................................................32 Landcorp Farming Limited (Landcorp) .............................................................................35 Law Commissi...

8. [2023] NZEmpC 162 Birthing Centre Ltd v Matsas [pdf, 445 KB]

   ...refer to some of the extensive evidence placed before the Court. [4] For the purposes of its analysis, the Authority noted that BCL is owned by the Wright Family Foundation, a trust which was established with a view to effecting change in the care and support of birthing mothers, with an emphasis on primary care during the first 1,000 days. It was noted that BCL provides primary birthing services at various locations around New Zealand, one of which was Te Papaioea where the pr...

9. LCRO 162/2015 and 66/2016 IA v CMR (31 July 2017) [pdf, 253 KB]

   ...duties, or that interests or duties were breached. [80] Mr IA does not accept that he should have advised Mr and Mrs CMR to seek independent advice. He says that the terms of engagement were adequate in the circumstances, and provided for the protection of Mr and Mrs CMR’s interests. [81] Mr IA remains firmly convinced that apparent bias precluded the costs assessor from being involved in inquiries relating to him. [82] In support of his application Mr IA provided a letter sett...

10. Government Response to the Justice and Electoral Committee Report on 2014/11 Petition of Hillary Kieft and 6 others [pdf, 200 KB]

    ...Electoral Committee on Petition 2014/11 of Hillary Kieft and 6 others Presented to the House of Representatives In accordance with Standing Order 252 2 Introduction The Government has carefully considered the report by the Justice and Electoral Committee on Petition 2014/11 of Hillary Kieft and 6 others. The Government responds to the report in accordance with Standing Order 252. The petitioner requested “That the Parliame...