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1. Director of Human Rights Proceedings [NKR] v Accident Compensation Corporation (Strike-Out Application) [2014] NZHRRT 1 [pdf, 91 KB]

   ...the investigating officer’s preliminary view, her letter dated 24 March 2010 referred exclusively to Nayland Physiotherapy. It made no reference at all to Richmond. In her evidence Ms Henderson deposed that she did not refer to Richmond as that matter seemed to have been resolved and the investigating officer in his letter dated 16 February 2010 did not ask for information about the provision by ACC of information to Richmond. [14] It is relevant to note that in an almost contempora...

2. CAC 10007 v Wallace - Penalty Decision [2012] NZREADT 70 [pdf, 40 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2012] NZREADT 70 READT 050/10 IN THE MATTER OF a penalty under s.172 of the Real Estate Agents Act 2008 BETWEEN REAL ESTATE AGENTS AUTHORITY (CAC10007) Applicant AND JANINE ANN WALLACE Defendant MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms J Robson - Member Mr G Denley - Member HEARING ON PENALTY HEARD at AUCKLAND on 24 October 2012 DATE OF SUBSTANTIVE DECISION 18 June 2012 [...

3. CAC407 v Towers [2016] NZREADT 24 [pdf, 142 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2016] NZREADT 24 READT 060/15 IN THE MATTER OF charges laid under s.91 of the Real Estate Agents Act 2008 BETWEEN COMPLAINTS ASSESSMENT COMMITTEE (CAC407) Prosecutor AND ALLAN TOWERS Defendant MEMBERS OF TRIBUNAL Ms K Davenport QC – Chairperson Ms N Dangen – Member Mr G Denley – Member HEARD at AUCKLAND on 19 February 2016 DATE OF DECISION 17 March 2016 APPEARANCES No app...

4. Kavyu-Munalula v Standing [2012] NZIACDT 67 (28 September 2012) [pdf, 97 KB]

   ...regarding her rights to the refund of fees under the Code. [55] Accordingly, the value of the services Mr Standing did provide is overwhelmed by the dishonesty and deceit attending the work he performed. I am satisfied it would be repugnant to justice to allow Mr Standing to retain any of the fees he received. [56] Ms Kavyu-Munalula has not sought compensation, and the facts do not establish that compensation, other than the repayment of fees, should be awarded. Order [57] The Trib...

5. Whiles-Clarry v Standing [2011] NZIACDT 25 (8 August 2011) [pdf, 92 KB]

   ...be reduced to $2,000. Publication [42] The Adviser has sought non-publication of his name. The Tribunal will routinely publish the name of an Adviser and the reasons for its decision where a complaint is upheld. That is a usual incident of open justice. The Adviser provided no reason why publication should not follow in this case. Accordingly, the decision will be published in the normal way. Order [43] The Adviser is censured. [44] The Adviser’s licence, which he presently hold...

6. Waikato Bay of Plenty Standards Committee No. 2 v Mr M [2016] NZLCDT 24 [pdf, 46 KB]

   ...decisions. Issue 1 [26] We do not consider the existence of supervisory powers under another piece of legislation, in this case the PPPR Act, removes the disciplinary jurisdiction of this Tribunal. Certainly the examination of conduct in the criminal justice setting in no way removes our jurisdiction, in fact at times forms the platform for it. The answer to this issue is “No”. Issue 2 [27] Mr M argued that his conduct was not connected with the provision of regulated se...

7. Kauika-Stevens v Tawake - Rangitatau 1D5A1 Reserve (Tākirau Marae) (2019) 396 Aotea MB 215 (396 AOT 215) [pdf, 351 KB]

   ...Rather the legislation may, depending on the circumstances of each case, also require a consideration of trustees’ performance to assess whether they have carried out their duties satisfactorily. In considering performance, the rules of natural justice must be observed, the appropriate legal thresholds as provided for in the Act, the Trustee Act 1956 and the Reservation Regulations have to be reached and the Court must consider whether there is any positive defence or reasonable...

8. [2021] NZACC 3 - Judkins v ACC (5 January 2021) [pdf, 185 KB]

   ...force. In any event, there is no 2 Robinson v Accident Compensation Corporation [2012] NZACC 241, at [16]. 10 indication that the Corporation has, in finalising Mr Judkins’ IRP, as part of an ongoing process, breached principles of natural justice or acted outside of the law. Conclusion [48] The decision of the Reviewer of 6 December 2017 is upheld. This appeal is dismissed. [49] I make no order as to costs. P R Spiller District Court Judge Soli...

9. Rabson v Solicitor-General (Strike-Out Application) [2018] NZHRRT 37 [pdf, 312 KB]

   ...with a statement that no further taxpayers' money was to be "wasted" in relation to his complaint: As a consequence of all of this, please do not waste anymore of the taxpayers money in relation to my complaint I do not consent to the matter proceeding on the papers and I will inform members of the public of the lack of transparency that goes on between all of the organisations involved. [5] By email dated 14 August 2018 the Secretary of the Tribunal asked Mr Rabson to a...

10. Te Manutukutuku Issue 17 [pdf, 2.6 MB]

    ...interests converge with its work, to partici­ pate in different sessions. Representatives of Federated Farmers, the Maori Fisheries Commission, Maruwhenua (Ministry for the Environment), and a panel of Maori affairs media representatives discussed matters of common concern with the members and exchanged information. Conference in session. From left: Johl! Kneebone, Tribtlnal member; Federated Farmers gtlests - Malcolm Ltlmsden, senior vice-president; Rob McLagan, chief exeClitive; Mic...