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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. 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...

3. 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...

4. 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...

5. 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...

6. [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...

7. 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...

8. Trustees of the JS & AJ Hamilton Family Trust v Complaints Assessment Committee 403, Amelia (Margaret) Reeve, Fleur Allinson & Kim Franklin [2017] NZREADT 54 [pdf, 229 KB]

   ...Earthquake Commission (“EQC”) as to earthquake recovery work carried out after the Christchurch earthquakes, before they settled the purchase. The substantive decision: breaches of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) The trustees’ sale and purchase agreement, and the second sale and purchase agreement [11] On the complaints which relate to the trustees’ appeals against the Committee’s orders for relief, the Comm...

9. Ha v The Real Estate Agents Authority (CAC 412) and Griffiths [2018] NZREADT 57 [pdf, 369 KB]

   ...arrangement that deprives a seller of real estate of rights under a statutory regulation by which the interests of the class to which he belongs are protected. This engages the subject of whether a party is able to waive or contract out from statutory protections which were promulgated for the benefit of a class to which he or she belongs. [43] The authors of Burrows and Carter Statute Law in New Zealand make the following observations in regard to the limits of contracting out:11

10. AAD v ZZW LTD [2009] NZDT 9 (9 June 2009) [pdf, 70 KB]

    ...requirement that AAD carry out her role with reasonable skill and care. [6] The Sharemilkers Agreements Act 1937 also applies. The Schedule to that Act sets out the minimum requirements of any Sharemilking Agreement that must be included to protect the interests of the parties. The Sharemilking Agreement in question was a standard form which followed the dispute resolution provisions set out in clauses 138-158 of that Schedule. [7] AAD was appointed to act as a...