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1. TG v Tangilanu [2012] NZIACDT 17 (8 May 2012) [pdf, 90 KB]

   ...penalty for both matters must reflect the overall conduct. [3] The facts and background are set out in the earlier decision upholding this complaint, dated 27 March 2012. The key findings were: [3.1] Ms Tangilanu systematically failed to act with care, diligence and professionalism; she effectively ignored the Code. [3.2] She failed to carry out her client’s (Ms TG’s) instructions to apply for both student permits and residence permits. [3.3] She failed to commence her professi...

2. Wairau v Wairoa District Council - Kaiwaitau 7C2B (2008) 124 Wairoa MB 105 (124 WR 105) [pdf, 171 KB]

   ...Preamble ofTe Ture Whenua Maori Act 1993 d) It is within the ambit of the Court's jurisdiction to ensure and safeguard Maori land being "taonga tuku iho "; e) The present owners of Kaiwaitau 7C2B are charged with the responsibility of caring for their land and to pass it on to future generations in the same condition or better than. whatit is. presently~ .. f) It is also incumbent on the Council not to interference with the current owners' exercise of that resp...

3. REAA CAC 10054 v Hume [2014] NZREADT 10 [pdf, 82 KB]

   ...wilfully or recklessly engaged in conduct that was likely to bring the industry into disrepute contrary to Rule 13.1 of the Rules of the Real Estate Institute of New Zealand and Rule 6.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. [6] The conduct relevant to charge 2 involved consumer clients. [7] Between June 2007 and December 2008, while employed by X X Ltd, the defendant was the subject of three complaints and received three warnings from his...

4. LCRO 99/2017 WH v Area SC [pdf, 95 KB]

   ...commenced own-motion inquiries to consider conduct on the part of Mr WH and Mr BZ. NZLS was concerned about a potential 3 breach of security for client files based on rr 8 and 8.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules), which impose duties on lawyers to indefinitely protect and hold client information in strict confidence. [14] Mr WH took steps to avert [Storage Company] destroying files, and undertook to NZLS that he w...

5. BORA Border Processing (Arrivals and Departures) Levy Bill [pdf, 302 KB]

   ...sustainable funding arrangements for MPI and Customs, and to ensure that border-processing costs are borne by those who directly benefit or give rise to the associated risks. More broadly, the Bill aims to ensure that New Zealand’s interest in protecting its borders is upheld. 5. In the case of both Acts, the Bill’s levy provisions are supported by a compliance audit regime intended to ascertain the extent to which those responsible for paying or collecting the levy are doing so; th...

6. Appendix-M3-NZEAN-Legislation-Changes-Requests-.pdf [pdf, 181 KB]

   ...directs that the Minister in making or recommending a rule, must have regard to, and give such weight as the Minister considers appropriate to whether the proposed rule …  ○ assists economic development,  ○ improves access and mobility, ○ protects and promotes public health and\or ○ ensures environmental sustainability. Each of the items listed above are applicable to the current detrimental effects of this rule on the horse riding public. Please change current Road Legislatio...

7. Appendix-A1-NZEAN-Legislation-Changes-Requests-2.pdf [pdf, 188 KB]

   ...directs that the Minister in making or recommending a rule, must have regard to, and give such weight as the Minister considers appropriate to whether the proposed rule …  ○ assists economic development,  ○ improves access and mobility, ○ protects and promotes public health and\or ○ ensures environmental sustainability. Each of the items listed above are applicable to the current detrimental effects of this rule on the horse riding public. Please change current Road Legislatio...

8. Graves v CAC 2003 & Langdon [2012] NZREADT 41 [pdf, 32 KB]

   ...listing agreement which imposed unfair conditions on sellers to such an extent that the listing agreement is in breach of s.131 of the Real Estate Agents Act 2008 (about right to cancel after 90 days) and r.9.12 of the Professional Conduct and Client Care Rules 2009 (an agency agreement is not to contain conditions which are not reasonably necessary to protect the interest of the agent). [6] The complainant included with his complaint a copy of an agreement dated 6 December 2010, enter...

9. BORA Misuse of Drugs Amendment Bill (No3) Supplementary Order Paper [pdf, 101 KB]

   ...a regulation-making power would be interpreted consistently with the Bill of Rights Act (as required by section 6 of the Bill of Rights Act) to authorise the making of regulations that provided underlying reasonable limits on any right or freedom protected by the Bill of Rights Act. 11. New sections 47(4) and 65(2) provide that Orders in Council and Regulations may limit the Bill of Rights Act in terms of section 14, the right to freedom of expression, and section 19(1) in relation to a...

10. Chaiyapoom v Hu [2015] NZIACDT 11 (26 February 2015) [pdf, 127 KB]

    ...out in the substantive decision. The Parties’ Positions on Sanctions [6] Mr Hu provided submissions on sanctions. He said the employee was acting as an interpreter, so the Tribunal should not have found he failed to perform his services with due care, diligence, respect and professionalism. He also challenged the Tribunal’s findings regarding his failure to maintain professional business practices relating to finances and staff management. The submissions do not engage with the reas...