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1. Penalty REAA CAC 20004 v Lindsay [2014] NZREADT 35 [pdf, 39 KB]

   ...November 2009, under the Real Estate Agents Act 1976 (effectively a maximum fine of $750 and censure). By contrast, the orders available on a finding of unsatisfactory conduct under s.93 of the Act are wide ranging, including orders for refunding fees charged for real estate agency work subject of the complaint, and fines of up to $10,000 against individual licensees. [28] Mr Clancy submitted that a starting point of a fine in the range of $4,000-$6,000 would be appropriate in light...

2. Pukeroa Oruawhata Trust - Pukeroa Oruawhata Trust (2005) 293 Rotorua MB 74 (293 ROT 74) [pdf, 503 KB]

   ...owners expressed at this hui should not be taken into account. The Trust has, after all, accepted without demur on previous occasions the views of the owners on matters with a numerically smaller mandate, including the increase in trustees' fees as is set out in my decision of 23 December 2003. [14] Therefore, taking into account the provisions of sections 231, 237 and 244 of the Act and the evidence before the Court, I am satisfied that a variation to enable rotation of truste...

3. INZ (Foley) v De'Ath [2018] NZIACDT 51 (19 December 2018) [pdf, 213 KB]

   ...providing for the regulation of persons who give immigration advice. [23] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:2 It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appropriat...

4. GZ v Ke (Luke) Lu [2019] NZIACDT 26 (6 May 2019) [pdf, 113 KB]

   ...providing for the regulation of persons who give immigration advice. [29] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:2 It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appropriat...

5. INZ Calder v Ahmed [2019] NZIACDT 35 (23 May 2019) sanctions [pdf, 161 KB]

   ...providing for the regulation of persons who give immigration advice. [16] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appropriat...

6. [2020] NZIACDT 13 - Registrar v Ryan - Sanctions (27 February 2020) [pdf, 108 KB]

   ...providing for the regulation of persons who give immigration advice. [22] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:4 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appropr...

7. [2022] NZEnvC 028 Bridesdale Farm Developments Limited v Queenstown Lakes District Council [pdf, 229 KB]

   ...reasonable for there to be a costs award against BFDL, notwithstanding the court’s usual practice on plan appeals. Quantum [34] The costs incurred by QLDC total $67,406.50 (excluding GST), being: (a) $44,771.50 in legal costs (excluding fees associated with mediation and preparation of the costs application); and (b) $22,635.00 in expert costs. [35] QLDC seeks an award of increased costs, 50% of actual and reasonable costs incurred, given the relevant above-noted factors...

8. NZ BORA Advice: Land Transport Clean Vehicles Amendment Bill [pdf, 214 KB]

   ...a court.14 b. Second, proposed s 197F provides that any information obtained by the Director under proposed s 197B that is found by a court to have been unlawful exercise of power must be destroyed and will not generally be able to be used in civil proceedings, criminal proceedings or in connection with other powers conferred by the Land Transport Act 1998.15 22. On this basis we consider that any search and seizures authorised by the Bill are reasonable for the purposes of s 21...

9. Gemmell v Gemmell - Ngatarawa 2A3B1B2 (2023) 105 Tākitimu MB 199 (105 TKT 199) [pdf, 231 KB]

   ...obvious that they should influence the costs outcome.10 Kōrerorero Discussion Should costs be awarded? [18] Generally, costs follow the event. Prior to the applicants’ withdrawal, the proceedings were conducted in a manner akin to civil litigation. The applicants filed affidavits in support of their application and sought urgency. The Trustees responded with applications for strike out and security for costs. [19] Florence Karaitiana says that costs should not be awa...

10. [2024] NZIACDT 24 – FM v Yang (23 October 2024) [pdf, 108 KB]

    ...providing for the regulation of persons who give immigration advice. [23] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appropr...