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1. LCRO 63/2024 WL v AC and TU (25 November 2024) [pdf, 205 KB]

   ...law firm, Law firm A (the firm). The second-named respondent (second respondent) is the firm’s General Manager. He is not a lawyer. Background [3] On 27 July 2022, the applicant engaged the first respondent to represent him in defending a protection order proceeding in the Family Court. The applicant was an existing client of the firm. 2 [4] Between 27 July and 1 August 2022, the first respondent took initial instructions, reviewed documentation initially provided by the...

2. Pillay v New Zealand Transport Agency [2021] NZHRRT 13 [pdf, 179 KB]

   ...Pillay had imported at that time. Following inaction on that complaint by NZTA, Mr Pillay had filed a Disputes Tribunal claim against NZTA and others. That Disputes Tribunal claim was dismissed as the Disputes Tribunal found there was no duty of care owed by NZTA to Mr Pillay. [8] Having been alerted to Mr Pillay’s 2005 Disputes Tribunal hearing, NZTA emailed the Disputes Tribunal on 16 October 2015 and requested that Mr Pillay’s claim against NZTA be dismissed, for the same reaso...

3. [2021] NZIACDT 9 - SL v Mackintosh (5 May 2021) [pdf, 227 KB]

   ...the appropriate sanctions. BACKGROUND [4] The narrative leading to the complaint is set out in the earlier decision of the Tribunal and will only be briefly summarised here. [5] Ms Mackintosh, a licensed immigration adviser, is a director of Care Immigration Ltd, of Auckland. [6] The complainant, a national of India, had a work visa due to expire on 6 March 2019. Ms Mackintosh was engaged on 19 July 2018 to seek a further work visa. An application was duly filed by Ms Mack...

4. [2024] NZREADT 05 CAC v Pang (6 March 2024) [pdf, 227 KB]

   ...direct contact with his vendor client and inserted the client’s signature and initial on documents himself. He was found to have wilfully breached rr 5.1, 6.3, 9.6, 9.7, 12.2 and 12.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). This amounted to misconduct pursuant to s 73(c)(iii) of the Real Estate Agents Act 2008 (the Act). [2] The Tribunal will now determine the penalty. BACKGROUND [3] The background narrative, as found by t...

5. [2024] NZEnvC 281 Save The Maitai Incorporated v Nelson City Council [pdf, 294 KB]

   ...[13] STM considers that the proposed changes in the JWS are an improvement, but they do not go far enough to address the issues identified by the court, in particular to ensure the provisions capture the fundamental concept of Te Mana o te Wai and protect freshwater values.5 [14] STM relies on the JWS with respect to the interaction between PC29 and PPC28. A decision has not yet been made in the PC29 process.6 STM’s preference is to ring fence the PPC28 provisions so that they a...

6. 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]....

7. 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...

8. 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...

9. 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...

10. 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...