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1. Auckland Standards Committee 5 v Ellis [2018] NZLCDT 39 [pdf, 252 KB]

   ...period of suspension would give his client the opportunity for further reflection and a final chance to redeem himself professionally. Such a period of suspension would serve the public interest by emphasising to Mr Ellis that he must take more care over his professional obligations. [4] He submitted that the conduct was not at the extreme end where we should decide that Mr Ellis is a risk to the public. Mr Pyke emphasised the following matters: (a) That the client lost interest i...

2. BORA Resource Legislation Amendment Bill [pdf, 436 KB]

   ...durable resource management decisions. 5. The principal proposed amendments are to the Resource Management Act 1991 (‘the principal Act’), the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, and the Environmental Protection Authority Act 2011. The Bill would also amend the Conservation Act 1987, the Reserves Act 1977, and the Public Works Act 1981. 6. To achieve the purpose of the Bill, the Bill seeks to amend the principal Act by: a. introducing...

3. BORA Justices of the Peace Amendment Bill [pdf, 300 KB]

   ...sensitivity to the place of the particular Court or Judicial Officer within the judicial hierarchy. For example, the South African Constitutional Court observed in Van Rooyen v State:[1] "In deciding whether a particular Court lacks the institutional protection that it requires to function independently and impartially, it is relevant to have regard to the core protection given to all Courts by our constitution, to the particular functions that such a Court performs and to its pl...

4. Zhang v CAC406 & Anor [2015] NZREADT 91 [pdf, 118 KB]

   ...charging of commission could be a disciplinary matter if the commission charged was excessive, wrongly calculated or there was some other feature of the conduct relating to the commission which was a breach of the Real Estate Agents Act or the Client Care Rules. However in this case the dispute is a simple dispute between L J Hooker and Ms Zhang as to whether or not commission was payable. [7] The purpose of the Real Estate Agents Act 2008 are set out in Section 3. 3 Purpose of Act...

5. NZBORA Advice Customs Excise Arrival-Information Amendment Bill for publication [pdf, 188 KB]

   ...Section 25(c) of the Bill of Rights Act affirms that everyone who is charged with an offence has, in relation to the determination of the charge, the right to be presumed innocent until proved guilty according to law. 18. The purpose of s 25(c) is to protect the fundamental liberty and dignity of those accused of offences in light of the grave consequences a criminal charge and conviction may entail.3 19. To this end, the right to be presumed innocent includes three main components:...

6. BORA Building Amendment Bill (No 4) [pdf, 304 KB]

   ...incentives for building professionals and trades people to take responsibility for the quality of their work and to stand behind it. The Bill implements Government policy coming out of the 2009 Building Act Review to: • introduce better consumer protection measures • clarify the exemptions to building consent requirements • add a new power for territorial authorities to deal with buildings that are at risk because they are near or adjacent to dangerous buildings • increase the...

7. AQ v Mudaliar [2015] NZIACDT 93 (16 October 2015) [pdf, 132 KB]

   ...that Mr Mudaliar had an agreement with the complainant for the original application, but did not do anything to establish the professional engagement for the two section 61 requests. [2] The Tribunal found: [2.1] Mr Mudaliar failed to take proper care with lodging the application, and making the requests under section 61; [2.2] he did not notify the complainant when the second section 61 request failed; and [2.3] he was required to have a further agreement for the section 61 requests...

8. CAC 519 v Saxton [2019] NZREADT 44 (31 October 2019) [pdf, 235 KB]

   ...charged Mr Saxton with misconduct under s 73(c)(iii) of the Real Estate Agents Act 2008 (“the Act”). The Committee alleged that Mr Saxton wilfully or recklessly contravened r 6.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the rules”). [2] Rule 6.3 provides: A licensee must not engage in any conduct likely to bring the industry into disrepute. [3] Mr Saxton has admitted the charge. The Tribunal is therefore required to make a fin...

9. Notes of Crown Maori Relations hui in Whangarei 8 April 2018 [pdf, 407 KB]

   ...would benefit from greater involvement of Māori (e.g. Māori guides at each centre). • Fishing industry – the tuna industry in the North has a lot of potential – it could be huge. • Health – Marae should be empowered and funded to take care of unwell people (particularly people with mental health issues). The only way government and Māori will resolve issues facing Māori is to sit down and talk with each other. Improving the mental health of Māori should be high on the...

10. Appendices (Abortion Supervisory Committee) [pdf, 2.8 MB]

    ...when the licence was issued: (b) In the case of any other institution, the person who is for the time being in charge of the institution, whether or not that person was in charge of it when the licence was issued: hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 Hospital Board: Definition repealed. institution means any hospital, clinic, or other premises in which it is proposed to per...