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1. IK v VR LCRO 227/2014 (21 December 2015) [pdf, 102 KB]

   ...Service about aspects of IK’s representation of her. The complaint alleged: • A failure by Mr IK to hold fees she had paid in advance, in a trust account (the trust account complaint). • A failure by Mr IK to provide engagement and client care information (the terms of engagement complaint). • A failure by Mr IK promptly to invoice Ms VR (the invoice complaint). • A failure by Mr IK to return documents to Ms VR following termination of the retainer (the documents complain...

2. [2021] NZEnvC 189 Bridesdale Farm Developments Ltd v Queenstown Lakes District Council [pdf, 3.6 MB]

   ...QLDC's planning witness, Mr Langman. However, counsel's closing submissions sought further changes to this modified relief. [19] One set of changes was proposed in response to concerns raised by Mr Langman that the LDSR zone is not designed to protect ONF /L landscape values (by contrast to the Rural zone). On that matter, BFDL's planning witness, Mr Jeffrey Brown, responded by proposing: 12 II 12 (a) a new Pol 7.2.1.7 as follows: Ensure that development and associated...

3. Complaints Assessment Committee 302 v Crockett [2017] NZREADT 19 [pdf, 155 KB]

   ...occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure appropriate standards of conduct are maintained in the occupation concerned. [7] The principal purpose of the Act is to “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public 2 Substantive decision, at [45]. 3 Substantive decision, at [46]–[47]....

4. A Nair v Devi [2014] NZIACDT 87 (15 September 2014) [pdf, 182 KB]

   ...standards of conduct are maintained in the occupation concerned.” [10] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [10.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [10.2] Demanding minimum standards of conduct: Dentice v Valuers Regist...

5. Williamson v Tangilanu [2012] NZIACDT 18 (8 May 2012) [pdf, 95 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 28 March 2012. The key findings were: [3.1] Ms Tangilanu systematically failed to act with care, diligence and professionalism in performing her services, by ignoring the requirements of the Code. [3.2] She failed to commence her professional engagement as a licensed immigration adviser with a written agreement, as the Code require...

6. Weber v CAC 20002 & Penrose & Brown's Real Estate [2013] NZREADT 83 [pdf, 37 KB]

   ...the property was at least $1.2 m to a buyer “off the street”, and, likely, significantly more to a neighbour. If that was the only appraisal given, it does not comply with Rule 9.5 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 which reads: “9.5 An appraisal of land or a business must be provided in writing to a client by a licensee; must realistically reflect current market conditions; and must be supported by comparable information on sales of s...

7. ENVC Hearing 6Oct14 WML evidence chief Pita Rikys [pdf, 60 KB]

   ...impacts on Maori cultural values broadly, and in relation to Matiatia Bay specifically, are minor at best. In regard to Archaeological sites specifically I adopt and support the conclusions reached by Prince in his evidence and the management and protection measures that he proposes. Cultural Values 11. Maori Cultural values are an expression and articulation of the Maori world view (Te Ao Maori / the Maori World) and identity, contain a spiritual (wairau) dimension and in terms...

8. BORA Public Finance (State Sector Management) Bill [pdf, 48 KB]

   ...that contains a reverse onus whereby the accused must prove something in order to escape liability (clause 207). We are of the opinion that this provision constitutes a "justified limitation" on the right to be presumed innocent that is protected by section 25(c) of the Bill of Rights Act. In reaching this view, we have taken into consideration the fact that the offence in question may be described as public welfare regulatory in nature, the penalties are at the lower end of the...

9. KL v WS LCRO 160/2013 Penalty (15 June 2016) [pdf, 38 KB]

   ...record a determination made pursuant to ss 211(1)(b) and 152(2)(b)(i) that there has been unsatisfactory conduct on the part of Ms WS pursuant to s 12(c) consisting of contraventions of Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 3.4, 3.5, 9.3 and 14.2(e); and (b) otherwise confirmed. 2 [2] The parties were offered the opportunity to file submissions in relation to orders that might be made pursuant to s 156 of the Act by 29 June 2016, and an extens...

10. [2015] NZEmpC 30 Wills v Goodman Fielder NZ Ltd costs [pdf, 99 KB]

    ...“steely” approach is required in this jurisdiction where reasonable settlement proposals have been rejected. 7 [19] For the defendant it is submitted that in this instance the plaintiff is relying on the Calderbank offer not as a shield to protect his position on costs, but as a sword to 6 New Zealand Meatworkers & Related Trade Union Incorporated v Alliance Group Limited [2015] NZEmpC 16. 7 Health Waikato v Elmsley, abo...