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1. 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...

2. 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...

3. Electoral-Matters-Bill_Communications-Tranche-22.pdf [pdf, 27 MB]

   ...Advisor | Democracy and Open Government Ministry of Jus ce | Tāhū o te Ture | leigh.huffine@jus ce.govt.nz Please note I work alternate Fridays. S9(2)(a) IN CONFIDENCE - NOT GOVERNMENT POLICY Enrolment: Further policy decisions and consequential amendments Issues that may require further decisions The Minister is considering advice on whether to change the deadline for enrolment. As signalled in our initial advice, two issues may require further decisions: • except...

4. 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...

5. 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...

6. 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...

7. [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...

8. LCRO 103/2021 & LCRO 58/2022, LCRO 104/2021 and LCRO 105/2021 GS v ABC Ltd & HY, [Law Firm A] v ABC Ltd & HY and SW v [Area] Standards Committee [X] (24 November 2022) [pdf, 595 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2022] NZLCRO 126 Ref: LCRO 103/2021 LCRO 058/2022 LCRO 104/2021 LCRO 105/2021 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN GS Applicant AND AND BETWEEN AND AND BETWEEN AND ABC LTD and HY Responden

9. LCRO 104/2018 CJ v MV (28 February 2020) [pdf, 189 KB]

   ...fees were fair and reasonable. [93] In my view, $8,512.50, which excludes attendances relating to the unregistered notice of claim, is a fair and reasonable fee for the services Mr MV provided to Mr CJ between October 2016 and February 2017. Consequential orders – s 156 [94] A finding of unsatisfactory conduct under s 12 of the Act establishes the statutory basis on which to make consequential orders pursuant to s 156. Section 156 15 sets out the range of orders that can...

10. [2019] NZEnvC 196 Te Runanga O Ngati Awa v Bay of Plenty Regional Council [pdf, 2.5 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Decision No [2019] NZEnvC IN THE MATTER of the Resource Management Act 1991 AND of three appeals under section 120 of the Act AND an application for declarations under s 310 of the Act BETWEEN TE RONANGA O NGATI AWA (ENV-2018-AKL-000133) NGATI TOWHARETOA (BOP) SETTLEMENT TRUST AND AND AND AND (ENV-2018-AKL-000134) SUSTAINABLE OTAKIRI INCORPORATED (ENV-2018-AKL-000135) Appellants SUSTAINABLE OTAK