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1. LA - Part 2 - Areas of Law Family [pdf, 710 KB]

   ...Pre-proceedings settlements Other Areas of Law Family PART 2 AREAS OF LAW – FAMILY – MOJ0052.2-MARCH14 PAGE 2 / 6 Family Court matters Current Year Previous Year 20–– 20–– 20–– Types of Family Court cases Adoption Act 1955 Care of Children Act 2004 Children, Young Persons and their Families Act 1989 Domestic Violence Act 1995 Family Proceedings Act 1980 Protection of Personal and Property Rights Act 1988 Property (Relationships) Act 1976 Family Protection Act...

2. BORA Manukau City Council (Regulation of Prostitution in Specified Places) Bill [pdf, 315 KB]

   ...purpose or effect of the proposed government action is to restrict that freedom. [2] 6. New Zealand and international jurisprudence supports the proposition that forms of expression that may be regarded as offensive or distasteful are nevertheless protected forms of expression. The Court of Appeal in Living Word Film Distributors v Human Rights Action Group [3] accepted the proposition that a fundamental aspect of the right to freedom of expression is that it extends to protecting all...

3. Ngalu v Tangilanu [2014] NZIACDT 102 (01 October 2014) [pdf, 184 KB]

   ...complainant Immigration New Zealand was still processing the application. [2.3] Immigration New Zealand commenced deportation processes and deported the complainant. [3] The Tribunal found Ms Tangilanu failed to meet the Code of Conduct’s duties of care, diligence, respect, and professionalism, and the obligation to provide timely updates. The Parties’ Positions on Sanctions The Authority [4] The Authority did not make any submissions on sanctions. The Complainant [5] The c...

4. Yasin & Anor v Hammadieh Sanctions decision [2015] NZIACDT 4 (04 January 2015) [pdf, 172 KB]

   ...his client’s immigration opportunities (clause 8 of the Code of Conduct); and [3.1.3] Also failed to explain and provide a copy of his internal complaints procedure (clause 9 of the Code of Conduct). [3.2] He continued to act with a lack of care, diligence and professionalism breaching clause 1 of the Code of Conduct in failing to: [3.2.1] Take charge of the instructions and client relationship, and [3.2.2] Ensure he delivered professional advice and services meeting the requisite...

5. CAC 304 v Morris [2016] NZREADT 35 [pdf, 124 KB]

   ...misconduct brought by Complaints Assessment Committee 304. Charge one was dismissed. [2] The finding of misconduct was on the basis that the defendant wilfully or recklessly breached the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 in failing to disclose certain information to a trustee of the Maranatha Charitable Trust when he met with the trustees on 12 June 2012. Our Findings [3] In finding the defendant guilty of misconduct in respect of charge two,...

6. BORA Contract and Commercial Law Bill [pdf, 146 KB]

   ...people enter into a contract for the sale and purchase of an item, they may be described as “associating” with each other for the purpose of the contract, but they would not be considered to have an “association”, or at least one deserving of protection, under the Bill of Rights Act. Whether s 19 at issue 8. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination on the grounds of discrimination in the Human Rights Act 1993. The grounds of disc...

7. Canterbury Standards Committee v Sisson [2011] NZLCDT 35 [pdf, 143 KB]

   ...personally and professionally in her ability to carry out her work, as did the very sad circumstances concerning her daughter’s illness. However sympathy towards a practitioner’s circumstances cannot outweigh the obligation of the Tribunal to protect the public. A practitioner must be able to withstand personal pressures in order to continue properly performing his or her obligations to clients or alternatively have the ability to step aside from practice and ensure a clien...

8. Auckland Standards Committee 5 v Moody [2016] NZLCDT 23 [pdf, 33 KB]

   ...inspection of the file is to be subject to the approval of the Chair. The decision itself omits reference to such matters and therefore may be published in full. Medical Evidence [11] Dr Casey is a consultant psychiatrist specialising in old age care and is a practitioner of considerable experience. Dr Casey had examined Mr Moody in October 2014, twice in late 2015 and twice in early 2016. She diagnosed him as suffering from frontotemporal dementia. Dr Casey’s evidence is th...

9. [2022] NZEmpC 126 Henderson Travels Ltd v Kaur [pdf, 194 KB]

   ...123(1)(b) and 128 of the Act.2 [3] Henderson Travels was also ordered to reimburse Ms Kaur $7,268.10 for underpaid wages and $267.75 for working on a public holiday. Holiday pay at eight per cent was added. [4] The Authority found that the Wages Protection Act 1983 was breached by Henderson Travels because it obtained a premium from Ms Kaur of $860. The company was ordered to repay her. [5] In addition to those sums a penalty of $12,000 was imposed on Henderson Travels...

10. [2021] NZREADT 39 - Lee (29 July 2021) [pdf, 243 KB]

    ...for his non-appearance. The Tribunal therefore determined the charges by way of formal proof. A copy of the decision was provided to Mr Lee. Penalty principles [10] The principal purpose of the Real Estate Agents Act 2008 is to “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.2 The Act achieves these purposes by regulating agents, branch managers,...