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BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2020] NZREADT 06 READT 045/19 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN RICHARD GRANT WHEELER Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 1901) First Respondent AND MICHAEL LEDGER Second Respondent On the papers Tribunal Mr J Doogue (Deputy Chairperson) Mr G Denley (Member) Mr N O’Connor (Member)...
...system”, including that she was the latest in a long line of lawyers, that he knew the authority would have to bear his signature. [4] Mr KB did not provide Ms LD with a signed authority. She told him that she would need to progress the matter. Time went by, as Ms LD, who had made it clear to Mr KB she could do nothing without his instructions, the files and a grant of legal aid, waited for a signed authority. Mr KB was in correspondence with LSA, and, by 17 May 2018, had s...
...day of the hearing was on 15 February 2017. SC did not appear at first, and after some time the hearing began. SC had been contacted by the Registrar in the meantime and appeared a few minutes after the start of the hearing. He sought to have the matter adjourned because he said he had not received the Notice of Hearing, but there was evidence on the file that it had been sent to his address for service within the appropriate time. SC was also concerned that his witness, Mr D, who had...
...working days after the date on which notice of the Commissioner’s decision is given to the applicant. Section 53(1) 13. Applications must be made using the approved application form which is available from the Tribunal and downloadable from www.justice.govt.nz/tribunals/lat.6 It may be completed electronically and emailed to the Tribunal, or filed by post or in person 2 Legal Services Agency v Fainu (2002) 17 PRNZ 433 at [27], approved by the Court of Appeal in JMM v Legal Servi...
...working days after the date on which notice of the Commissioner’s decision is given to the applicant. Section 53(1) 13. Applications must be made using the approved application form which is available from the Tribunal and downloadable from www.justice.govt.nz/tribunals/lat.6 It may be completed electronically and emailed to the Tribunal, or filed by post or in person 2 Legal Services Agency v Fainu (2002) 17 PRNZ 433 at [27], approved by the Court of Appeal in JMM v Legal Servi...
...legislation. The restriction is the price paid for having comprehensive cover available to all, regardless of fault, in place of full restitution available only for the few who can prove negligence. [38] It is noteworthy that in the same judgment, Justice Winkelmann acknowledged that in effect the ACC regime was not perfect and in fact had caused hardships to claimants and their families. However, she also said in the decision:2 The Court could not mitigate this harm by adopting a...
...legislation. The restriction is the price paid for having comprehensive cover available to all, regardless of fault, in place of full restitution available only for the few who can prove negligence. [38] It is noteworthy that in the same judgment, Justice Winkelmann acknowledged that in effect the ACC regime was not perfect and in fact had caused hardships to claimants and their families. However, she also said in the decision:2 The Court could not mitigate this harm by adopting a...
...incompetent”. [28] Mr Simpson referred us to the relevant High Court authorities as to the tests for determining whether conduct constitutes misconduct or unsatisfactory conduct. In Complaints Assessment Committee 20003 v Zhagroo, her Honour Justice Thomas said regarding s 73(b):2 The words of s 73(b) must be given their plain meaning. Whether serious negligence or serious incompetence has occurred is a question to be answered in the circumstances of each case … the Tribunal...
...comprises both Māori and non-Māori members, who are appointed with regard to ‘the partnership between the 2 parties to Te Tiriti’ as well as to their personal attributes and their ‘knowledge of and experience in the different aspects of the matters likely to come before the Tribunal’.6 At any sitting of the Tribunal, at least one Māori member must be present.7 Tikanga Māori will generally inform the Tribunal’s process in inquiries. Evidence and submissions (both written an...
...Background [1] Following a complaint made by a Mr C Munro in February 2008, the Wellington District Law Society Complaints Committee investigated the conduct of the First and Second Appellants (who were partners in the same legal practice) regarding matters the subject of Mr Munro’s complaint. [2] As a consequence of that investigation the committee resolved to lay charges against both appellants before the Wellington Law Practitioners Disciplinary Tribunal. Charges, dated 31 Octobe...