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1. CAC20002 v Gollins [2015] NZREADT 2 [pdf, 178 KB]

   ...advice, Colliers also referred the issue to the Real Estate Agents Authority and the Complaints Assessment Committee decided to lay a charge. This was laid on 24 January 2014. [26] For the sake of completeness, it should be noted that Mr Gollins appealed the decision to charge him on 10 July 2014 and a differently constituted Tribunal found that there was sufficient evidence to justify the Complaints Assessment Committee’s decision to lay a charge. They dismissed the appeal. [2...

2. EMPC Document bundle example [pdf, 125 KB]

   ...investigate the problem and issue a determination. • If one or other of the parties is not happy with the Employment Relations Authority’’s determination, they can refer the problem to the Employment Court. In limited cases, there is a right to appeal a decision of the Employment Court to the Court of Appeal. Personal Grievances If the problem is a personal grievance, then the Employee must raise it within 90 days of when the facts that give rise to the grievance occur or come...

3. LCRO 59/2016 and 61/2016 DE and QV v Standards Committee (27 September 2018) [pdf, 175 KB]

   ...TG also made mention of the fact that he considered all three lawyers were entitled to a consideration of their past careers. 11 [54] All of these comments are accepted and Mr TG’s concerns are reinforced by comments made by the Court of Appeal in New Zealand Law Society v B where the Court said:10 A censure or reprimand, however expressed, is likely to be of particular significance in this context because it will be taken into account in the event of a further complaint again...

4. Statistical bulletin: An overview of conviction and sentencing statisitcs in New Zealand 2000 to 2009 [pdf, 1.1 MB]

   ...1 The data used in this report was extracted from the Justice Data Warehouse on 31 May 2010. 2 www.stats.govt.nz/methods_and_services/access-data/TableBuilder 3 This diagram does not include appeal or review processes. http://www.stats.govt.nz/methods_and_services/access-data/TableBuilder STATISTICAL BULLETIN: CONVICTION AND SENTENCING STATISTICS 3 Figure 2: Number of prosecuted charges, 2000–2009 Prosecution outcome refer

5. Lawyer-for-Subject-Person.-Selection-Appointment-and-Other-Matters.pdf [pdf, 238 KB]

   ...on the rate of remuneration and/or any additional cost, the file should be referred to a judge for direction. 6.9 The lawyer’s appointment will continue: (a) for 28 days from a final order pending any party to the proceedings taking steps to appeal; and (b) if directed to continue by the court for a specific purpose. 6.10 The role of the lawyer is contained in section 65 of the PPPR Act and referred to in detail in the FLS Best Practice Guidelines. 7 REPORT TO THE COURT...

6. Herewini - Succession to Ra Herewini [2024] Chief Judge's MB 1103 (2024 CJ 1103) [pdf, 506 KB]

   ...IX,11 10 Ashwell – Succession to Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15]. 11 Tau v Nga Whanau O Morven & Glenavy – Waihao 903 Section IX [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2024 Chief Judge's MB 1113 the Chief Judge must exercise [their] jurisdiction by applying the civil standard of proof of the balance of probabilities having regard to that standard’s inherent flexibility that...

7. Gabriel - Succession to Kupai Jack Hakopa Hawera [2024] Chief Judge's MB 1090 (2024 CJ 1090) [pdf, 290 KB]

   ...standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.7 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [21] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:8 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court...

8. [2024] NZREADT 38 – TX v REAA (22 October 2024) [pdf, 161 KB]

   ...consideration; or (4) was plainly wrong. [44] It was submitted by the Registrar that, subject to these limitations, the Registrar’s decision must be confirmed, even if the Tribunal might come to a different decision on the merits if it was a general appeal. [45] We accept counsel’s submissions as to the nature of this review. We will, in deciding whether these limited grounds of review have been made out, need to make some assessment of the merits, without reaching any conclu...

9. [2024] NZREADT 41 – CAC 2103 v Jones Lang Laselle Ltd (29 October 2024) [pdf, 253 KB]

   ...the Act and the Audit Regulations by failing to record funds in the trust ledger and reconcile accounts. The Tribunal imposed a penalty of $7,500. [42] They also referred to the case of Burnett v Real Estate Agents Authority,8 where Mr Burnett appealed against the Committee’s finding of unsatisfactory conduct under s 72 of the Act. Mr Burnett’s agency had failed to comply with reg 15 of the Audit Regulations. Mr Burnett had failed to send reconciliations for almost every mont...

10. Tairua - Succession to Tihema Takena Wihongi [2024] Chief Judge's MB 1669 (2024 CJ 1669) [pdf, 282 KB]

    ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.4 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [20] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:5 …The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the...