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1. [2024] NZREADT 35 – CAC 2108 v Barfoot Thompson (20 September 2024) [pdf, 143 KB]

   ...disciplinary process that is independent, transparent, and effective. [32] 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 appro...

2. Walters v Walters - Te Kohanga Lots 1 & 3 - 27 [2024] Chief Judge's MB 1357 (2024 CJ 1357) [pdf, 320 KB]

   ...amicable timely manner. I am requesting you return my shares (a third each) in the land by way of Gift back to me. Enclosed is the ‘Application for Vesting Order’ that you need to complete and have submitted (along with payment of any application fees applicable to be at your cost) to the Land Court within 21 days. If this has not been actioned by the 28th August 2020, I will proceed with my Application to the Māori Land Court to have this rectified. Kōrero whānui Backgr...

3. Payments to Legal Aid Firms 2021 [pdf, 1.1 MB]

   ...Andrew Comeskey - Barrister Auckland 103,422.71 The payments to firms are for legal services provided by approved providers under the legal aid schemes and may not have been made directly to any individual named in this report. The payments include the fees of approved providers, including those claimed on behalf of other approved providers, and disbursements for general office costs, travel costs, and special disbursements, which include fees for agents, expert witnesses, forensic tes...

4. Payments to Legal Aid Firms 2022 [pdf, 1 MB]

   ...Payments to Firms 1 July 2021 to 30 June 2022 The payments to firms are for legal services provided by approved providers under the legal aid schemes and may not have been made directly to any individual named in this report. The payments include the fees of approved providers, including those claimed on behalf of other approved providers, and disbursements for general office costs, travel costs, and special disbursements, which include fees for agents, expert witnesses, forensic tests,...

5. Regulatory Impact Statement Tribunal Enhancements [pdf, 257 KB]

   ...7       These referrals come from the Complaints Assessment Committee, which are independent judicial panels that make decisions on      complaints referred to them by the Real Estate Agents Authority.  13  44. The  awarding  of  costs  in  civil  courts  is  discretionary,  although  generally  there  is  a  presumption that costs follow the event and the successful party is entitled to costs against  the  unsuccessfu...

6. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 [pdf, 309 KB]

   ...2 Re Collier (A Bankrupt) [1996] 2 NZLR 438 (1996) 10 PRNZ 145 CA30/96 Richardson P, McKay J, Temm J. 3 HC Christchurch CP131/88; B28/91, 18 August 1995. http://www.brookersonline.co.nz/databases/modus/civil/mcg/link?id=CASE%7eNZ%7eNAT%7eHC%7e1995%7e19446&si=57359&sid=rxrsnnouvrkdhfo6gtmpx0apkjggmj3d&hli=0&sp=mcg http://www.brookersonline.co.nz/databases/modus/civil/prnzcc/link?id=CASE%7eNZ%7eNAT%7eCA%7e1996%7e7257%7eHEADNOTE-PRNZ&...

7. Regulatory Impact Statement: Unilateral cancellation of voluntary time payment arrangements for unpaid fines [pdf, 733 KB]

   ...time. 7 These referrals come from the Complaints Assessment Committee, which are independent judicial panels that make decisions on complaints referred to them by the Real Estate Agents Authority. 13 44. The awarding of costs in civil courts is discretionary, although generally there is a presumption that costs follow the event and the successful party is entitled to costs against the unsuccessful party. This presumption does not equally apply across all tribunals. The...

8. Electoral Amendment Bill - Changes to Political Donations Setting [pdf, 357 KB]

   ...general public due to the increase in available information, while minimising the costs to political parties, candidates and the Electoral Commission. Stakeholder views were sought on an initial package of seven proposals. Feedback from academics, civil society organisations, professional bodies, and the general public was generally supportive of the effect the proposed changes would have on improving transparency and openness. Feedback from party secretaries was varied, with some...

9. [2022] NZREADT 15 – Complaints Assessment Committee 2108 v Rankin Tremain Real Estate Wairarapa Ltd (10 August 2022) [pdf, 224 KB]

   ...marketing and obtained a fully signed agency agreement from the vendor on 27 August 2020. She assisted the vendor with the process as he worked through the sale and purchase agreement conditions. The vendor was given a 50 per cent reduction in fees for the sale. [44] During Tremain Real Estate’s meeting with Mr Rankin, his deep feeling of guilt and shame became apparent, as did issues with his mental health, illness and another trouble (disclosed). [45] At the same time, T...

10. LCRO 49/2022 & 93/2022 WU v MQ obo CT (25 August 2022) [pdf, 277 KB]

    ...on a balance of probabilities. [62] In Z v Dental Complaints Assessment Committee,42 the Supreme Court applied a gloss to this standard. In that case, the majority decision was issued by McGrath J who said:43 There is accordingly a single civil standard, the balance of probabilities, which is applied flexibly according to the seriousness of matters to be proved and the consequences of proving them. We are satisfied that the rule is long established, sound in principle, and that i...