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

   ...1976 and could have been complained about or charged under that Act in respect of that conduct; and (b) the licensee or former licensee has not been dealt with under the Real Estate Agents Act 1976 in respect of that conduct. (2) If, after investigating a complaint or hearing a charge of the kind referred to in subsection (1), the Committee or Tribunal finds the licensee or former licensee guilty of unsatisfactory conduct or of misconduct in respect of conduct that occurred before...

2. CAC 20002 v Kitto [2013] NZREADT 70 [pdf, 41 KB]

   ...simply needs to be a sufficient nexus between the conduct alleged and the licensee’s fitness to perform real estate agency work; - CAC 10026 v Dodd [2011] NZREADT 01 at [77] – [83]; S v CAC and B [2010] NZREADT 13 at [19]. [25] Mr C Delany (an investigator for the Authority) outlines in his evidence that the defendant was first issued with a licence on 26 July 2010. Her licence continued until it lapsed on 8 August 2011. In terms of the charge before us, all dealings with the defen...

3. APB Ltd v VW LCRO 133 / 2010 (3 August 2011) [pdf, 126 KB]

   ...District Law Society v C [2008] 3 NZLR 105). I do not see the Practitioner‟s conduct reaching this level of wrongdoing. [19] The test for „conduct unbecoming‟ (which could relate to conduct both in the capacity as a lawyer, and also as a private citizen) is the less strict standard of whether the conduct is acceptable according to the standards of "competent, ethical, and responsible practitioners" (B v Medical Council [2005] 3 NZLR 810 per Elias J at p 811). I...

4. BORA Maritime Security Bill [pdf, 59 KB]

   ...in any part of a port security area" for the purpose of carrying their powers, functions and duties under the Bill. This clause includes a safeguard requirement for a warrant or consent before inspecting a harbour-masters dwelling house, the private quarters of a ship's crew or the cabins of its passengers. (iii) clause 57 includes safeguards in relation to people entering certain types of property. For example, there are requirements for inspecting officials to provide proof o...

5. SI v MO LCRO 241 / 2011 (7 November 2012) [pdf, 109 KB]

   ...attention to the figures he had noted in his discussions with SI. I acknowledge that minimal instructions are required to be provided to a legal executive with MN’s experience. However, in this case the matter was unusual in that the caveator was a private individual who had advanced money to his former employer. [35] The Lawyers and Conveyancers Act 2006 provides a lawyer with the right to undertake conveyancing and to handle client funds. With that right comes strict obliga...

6. Green and Green v IT (Reinstatement of Second Plaintiff) [2016] NZHRRT 39 [pdf, 253 KB]

   ...Jurisdiction and para 9 of the statement of claim [36] By letter dated 12 May 2016 the Privacy Commissioner alerted the Tribunal to the fact that the matters set out in para 9 of the statement of claim had not (as at 12 May 2016) been the subject of an investigation by the Privacy Commissioner with the result there was a question whether the Tribunal has jurisdiction over those matters. [37] Happily the issue will not require resolution because Mrs Green today advises paragraph 9 of the...

7. BORA Corrections Amendment Bill (No 2) [pdf, 325 KB]

   ...this occurring, and we consider this to be an important and significant objective. 11. Widening the criteria in section 108(1)(d) for withholding prisoner mail will not only protect the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences and the right to a fair trial) but will also guard against non- compliance with the law, including court orders. For instance, the breach of a name suppression order by a prisoner writing t...

8. NA v OI [2021] NZDT 1313 (24 February 2021) [pdf, 255 KB]

   ...fix the problems. They have also requested that NA now address her concerns to the property manager. Are the Trustees liable for the damage caused by falling trees to either fence? 24. The law of nuisance applies to this claim. An action for private nuisance protects a person’s right to the use or enjoyment of an interest in land. 25. Damage caused by trees on neighbouring land may give rise to liability, depending on the circumstances. Generally, there is no liability unles...

9. Patena v Cook - Paora Poha Ti Raha Trust (2023) 468 Aotea MB 265 (468 AOT 265) [pdf, 244 KB]

   ...land. The trustees say this will fix the Trust’s financial fortunes. The bank agrees. [3] Understandably, some of the beneficiaries of the Trust are dissatisfied with the operation of the Trust. Applications have been filed asking the Court to investigate the Trust’s affairs. Some beneficiaries also disagree with the proposal by the trustees to lease out the farm and sell some of it. They seek an interim injunction to prevent the trustees from taking those steps until the a...

10. [2024] NZIACDT 20 – LB v Luv (8 July 2024) [pdf, 213 KB]

    ...complaint is set out in the earlier decision and will only be briefly summarised here. [5] Kay Luv is a licensed immigration adviser and director of Luv Immigration, of Auckland. [6] The complainant is LB, a national of India. She studied at a private tertiary institution in New Zealand and completed diplomas in hospitality at level 5 and 6 of the New Zealand Qualifications Framework. She has worked here for some years in hospitality. [7] On 27 October 2022, the complainant an...