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1. Ms C v CAC 10036 & Whitehorn [2012] NZREADT 53 [pdf, 47 KB]

   ...against the licensee. If the licensee was a salesperson under the former regime, then the CAC cannot make any orders against the licensee. Publication Provisions [28] The purpose of the 2008 Act is to promote and protect the interests of consumers in respect of transactions which relate to real estate and to promote public confidence in the performance of real estate agency work. The Act aims to achieve its purpose by regulating licensees, raising industry standards, and providi...

2. CAC 20006 v Spencer [2013] NZREADT 55 [pdf, 47 KB]

   ...that even mature and experienced vendors will trust their agent. It is important that the agent act in an independent and professional manner and that the overall objectives of the vendors are paramount. The agent's desire for a sale, with consequential commission to the agent, must not become influencing factors in the advice from the agent, as a fiduciary, to his or her principal.” [12] Managing transaction "chains", i.e. where clients’ decision to buy or sell one...

3. Khan v Khetarpal [2016] NZIACDT 6 (22 January 2016) [pdf, 239 KB]

   ...Ms Khetarpal for two reasons: [30.1] First, she was not an unskilled migrant completing her own EOI; she was a licensed professional who is required to have a complete and nuanced understanding of residence instructions and offered those skills to consumers in return for payment. It is a matter of concern that, even now, she appears to seek to justify her conduct by the standard applied to a well meaning but unknowledgeable person acting on their own behalf, without training. [30.2] Se...

4. J v Khetarpal [2016] NZIACDT 7 (22 January 2016) [pdf, 243 KB]

   ...two reasons: 7 [30.1] First, she was not an unskilled migrant completing her own EOI; she was a licensed professional who is required to have a complete and nuanced understanding of residence instructions and offered those skills to consumers in return for payment. It is a matter of concern that, even now, she appears to seek to justify her conduct by the standard applied to a well meaning but unknowledgeable person acting on their own behalf, without training. [30.2] Seco...

5. Emery v REAA CAC 20002 & Anor [2014] NZREADT 33 [pdf, 75 KB]

   ...Committee’s core finding of unsatisfactory conduct was correct, irrespective of whether the licensee, or Mr Marshall, admitted that the property was mistakenly advertised in the incorrect price bracket. [42] Mr McCoubrey notes that the Act is consumer protection legislation which is made clear in s.3 of the Act which reads: “3 Purpose of Act (1) The purpose of this Act is to promote and protect the interests of consumers in respect of transactions that relate to real estate and t...

6. Complaints Assessment Committee (CAC 403) v Licensee B [2017] NZREADT 1 [pdf, 267 KB]

   ...2014.” She submitted that analysis of those statements had to be weighed against Ms A’s decision to continue working with the defendant. She also submitted that Ms A’s allegations of statements and conduct after that time were baseless or consequential. [44] Ms A did not accept that the ‘line in the sand” represented the end of the conduct she had complained about. Rather, when the point was put to her in cross- examination, Ms A’s response was that it was the “midd...

7. LCRO 158/2024 USP v FTC (30 June 2025) [pdf, 524 KB]

   ...the imposition of penalty is well understood. [99] The New Zealand Law Society publication, Penalty Guidelines for Lawyers Standards Committees, provides helpful guidance as to the principles and factors to be considered when orders are imposed consequential on an unsatisfactory conduct finding. [100] That publication, methodical and systematic in identifying a “step by step” approach to the frequently difficult task of determining an appropriate penalty, prudently cautions...

8. Strengthening Consequences for Crime in the Crimes Act 1961 [pdf, 541 KB]

   ...Services. However, given the existing high volume of fines that the Ministry already manages, the additional workload is unlikely to be significant. Legislative Implications 59 The proposals in this paper will require changes to the Crimes Act 1961 and consequential amendments to the Summary Offences Act 1981. 60 The proposals will be progressed in the Crimes Amendment Bill, which is on the legislative programme with a priority category of 5: to proceed to select committee by the end...

9. Territorial Authorities - MW Twose - Supplementary - 12 May 2021.pdf [pdf, 822 KB]

   ...recognise and provide for community water supply. 5. I consider the amendments proposed in this supplementary statement of evidence are within the scope of the submissions lodged by the territorial authorities and are ‘on the plan change’ as a consequential extension to the existing provisions. Community water supply is a specific topic within PC7 and I do not consider the amendments will directly affect other submitters, or any other persons. SECTION ONE: PROPOSED RDA RULE AN...

10. [2021] NZREADT 55 – Lammas v Real Estate Agents Authority (6 December 2021) [pdf, 340 KB]

    ...industry for 31 years and ought to have known better. [68] Mr Calder submits that in considering whether there has been a breach of the Act or the rules, the overarching purpose of the Act must be borne in mind. It is to promote and protect consumers and to promote public confidence in the performance of real estate work. [69] It is further submitted that, in respect of the supervision of Ms Freear, while the agency may have appropriate policies in place, if she has not in fact...