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1. Auckland Standards Committee 5 v Low [2018] NZLCDT 7 [pdf, 353 KB]

   ...point in determining penalty is the gravity of the misconduct itself, and the culpability of the practitioner for the particular breach of standards. In this case the maintenance of professional standards is of significant importance along with protection of the public given that the trust account framework is needed to protect the funds of the public. See Daniels v Complaints Committee 2 of the Wellington District Law Society1 and Wellington Standards Committee 2 v Jones.2 [5] T...

2. Advantage Realty Limited v CAC303 & Ors / Gambino & Anor v CAC303 & Anor [2015] NZREADT 83 [pdf, 235 KB]

   ...policy of using the asking price of a property as the provisional valuation, was correct; so that a finding of misconduct should not be made in that respect. However, it found that the agency’s conduct fell short of the requisite standard for the protection of a consumer and amounted to unsatisfactory conduct. Incorrect Provisional Value [14] The Committee agreed with the complainant vendors that standard industry practice is to use the agreed sale price as the provisional value....

3. Surrogacy_FINAL.pdf [pdf, 862 KB]

   ...17:31:51 Section (9)(2)(f)(iv) Section (9)(2)(f)(iv) 2 I N C O N F I D E N C E child, need to adopt the child to become their legal parents. The law also does not recognise international surrogacy; 4.2 there are opportunities to strengthen protections for participants, particularly surrogate-born people’s right to know their origins. The state does not record that a child was born via surrogacy; and 4.3 aspects of law and practice are inaccessible. The law is unclear abou...

4. OIA-114187.pdf [pdf, 6.2 MB]

   ...the New Zealand Bill of Rights Act 1990 (BORA vetting). We vetted more than 70 bills in FY 2022/23. 9.5. Vetting agencies’ proposals to create or amend criminal offences and penalties. 9.6. Responding to Royal Commissions of Inquiry (Abuse in Care and the response to COVID-19) and the Waitangi Tribunal’s Kaupapa Inquiries (constitutional and electoral, and the justice system). 9.7. Advising you on any policy proposals that have implications for New Zealand’s constitutional arra...

5. EL1 Ltd & Anor as Trustees of the Eurolife Trust v Lay [pdf, 290 KB]

   CLAIM NO: 00932 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN E L 1 LIMITED and M & H TRUSTEE SERVICES LIMITED as Trustees of the Eurolife Trust Claimants AND No First or Second Respondents AND STEPHEN BRIAN LAY Third Respondent AND JESSOP TOWNSEND LIMITED Fourth Respondent AND AUCKLAND CITY COUNCIL Fifth Respondent AND ARCHITECTURAL WATERPROOFING LIMITED (in Liquidation) Sixth Respond

6. Family Violence Summit 2017 summary report [pdf, 922 KB]

   ...controlled by them and can make more life enhancing choices.’ Some said people needed greater access to legal advice, particularly about how to give evidence and the consequences of not responding to a summons. One submitter said that the longevity of Protection Orders should be addressed by public consultation. FA M IL Y V IO LE N CE S U M M IT 2 01 7 6 KAUPAPA MĀORI WHĀNAU- CENTRED APPROACHES The strongest themes emerging from the written submissions and the work...

7. [2022] NZEnvC 214 Palmerston City Council [pdf, 335 KB]

   ...provide for additional housing supply in Palmerston North City through rezoning a new greenfield growth area for residential development in Aokautere, with a local business zone, and an integrated open space network delivered through utilisation and protection of the surrounding gully network. 1 The Council says that an order that PCG has immediate legal effect upon the issue of a Court decision will avoid the purpose and strategy underpinning the plan change being undermined betwee...

8. [2018] NZSSAA 16 (26 March 2018) [pdf, 93 KB]

   ...Wellington, on 12 March 2018 Appearances The Appellant in person Mr R Signal for the Chief Executive of the Ministry of Social Development DECISION Preliminary [1] This case concerns the situation where a grandparent is the day-to-day caregiver for her grandchildren. The appellant’s concern is that she needs a greater level of financial assistance to provide the care that the children require. Her concerns have been further heightened by the differing level of as...

9. Leaders Real Estate (1987) Limited v CAC20008 & Anor [2015] NZREADT 41 [pdf, 155 KB]

   ...essence of the initial complaint against the applicant was that it was using a listing agreement form that was unnecessarily onerous and harsh in its terms and in the breach of Rule 9.12 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. That Rule reads: “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.” [4] In particular, it is put that the appli...

10. Waikato Bay of Plenty Standards Committee 1 v H [2013] NZLCDT 7 [pdf, 222 KB]

    ...handover some two days per week. We did not consider that in the circumstances that took sufficient account of the serious nature of this offending, albeit largely unintentional. It did not fit with the submission that there is no element of public protection arising because the practitioner had permanently retired. Furthermore we do not consider it reflected well on his firm to effectively have continued (particularly acting for the developer client), as if nothing untoward had...