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1. [2021] NZREADT 21 - Kemp & Scoble (5 May 2021) [pdf, 268 KB]

   ...charged with misconduct under s 73(a) of the Act (disgraceful conduct). Ms Scoble was charged with misconduct under s 73(c)(iii) of the Act (wilful or reckless contravention of the Act or the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), or in the alternative, misconduct under s 73(b) of the Act (seriously incompetent or seriously negligent real estate agency work). [13] The charges against the licensees alleged breaches of rr 6.4 (whic...

2. Justice Matters - issue 01 - December 2015 [pdf, 2.8 MB]

   ...proving effective, with the Manukau Customer Service Centre assessed as the best in the country in a customer survey. Witness technology Witnesses can give evidence from another room via state-of-the-art video link to the courtroom. The witness is protected from direct contact with the defendant. PAGE 4 JUSTICEMATTERS Triple boost for victim support Victims’ information services • Victims Code • Chief Victims Advisor A number of recent initiatives highlight the Ministry o...

3. Registrar of IAA v Ho [2019] NZIACDT 54 (31 July 2019) [pdf, 154 KB]

   ...November 2015 as to how to obtain a residence visa for herself and other visas for her husband and child. [24] The employee advised Immigration New Zealand on 14 December 2015 that the application was withdrawn. The agency wrote to the client, care of the employee, to confirm the withdrawal of the application the same day. 5 COMPLAINT [25] On an application by Ms Ho to the Authority to renew her licence, an investigator inspected her file concerning the client. The Author...

4. LCRO 20/2016 LC and CM v JP (19 March 2019) [pdf, 238 KB]

   ...offence at Mr JP’s form of address. [18] The Committee considered Mr JP’s conduct in the context of s 110 of the Lawyers and Conveyancers Act 2006 (the Act) and rr 10, 10.1 and 3.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), noting the conflict between Mr JP’s evidence and that of the applicants. Focussing on the fact that the applicants had chosen to pursue Mr JP for money rather than the vendor, the Committee noted that the...

5. [2022] NZEnvC 016 Federated Farmers of New Zealand v Northland Regional Council [pdf, 2.3 MB]

   ...in a matter of Stock Exclusion-Topic 16 of the Proposed Northland Regional Council combination land and water plan FEDERATED FARMERS OF NEW ZEALAND (ENV-2019-AKL-114) MINISTER OF CONSERVATION (ENV-2019-AKL-122) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-127) Appellant NORTHLAND REGIONAL COUNCIL Respondent Court: Judge J A Smith (Presiding) -in Court at Auckland Commissioner RM Bartlett - in Court at Auckland Commissioner S K...

6. LCRO 213/2015 HY Trust v AK and GJ (21 Janaury 2019) [pdf, 286 KB]

   ...Relying on the decisions of Venning and Wylie JJ, Mr UY contends that the lawyers contravened r 13.8 by demonstrating: 22 At [154]–[155]. 23 At [157]. 24 At [163]. 25 At [166]. 8 a lack of care and awareness of their obligations under the rules in making the accusation and damaged the reputation of the [HY Trust]. The lawyers … did not undertake the minimum duty to assure themselves that there was a proper basis for fraud bef...

7. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...This review was heard in 5 See note 2 at [50]. 6 Orlov v New Zealand Lawyers and Conveyancers Disciplinary Tribunal [2015] 2 NZLR 606. 7 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 8 Legal Complaints Review Officer v Hong [2013] NZLCDT 9 at [12], [39], [56] and [64]. 9 The Tribunal and Mr Hong took no active part in this hearing. 5 February 2015. In her decision of March 2015,10 Her Honour A...

8. [2021] NZEnvC 120 Brookby Quarries Limited v Auckland Council [pdf, 2.8 MB]

   ...156(1) of the Local Government Act (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) BROOKBY QUARRIES LIMITED (ENV-2018-AKL-150) Appellant AUCKLAND COUNCIL Respondent ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED FULTON HOGAN LIMITED s 2 7 4 parties Court: Alternate Environment Judge L J Newhook Commissioner R Bartlett Hearing: At Auckland on 27 and 28...

9. Laboyrie v The Real Estate Agents Authority (CAC 403) and Prout [2018] NZREADT 36 [pdf, 557 KB]

   ...1979 and the Fair Trading Act 1986 were made innocently, negligently or dishonestly.5 [12] In relation to the claim based on the tort of deceit, Heath J said: If Mr Prout made a false statement knowing it to be untrue or recklessly, without caring whether it was true or not, for the purposes of influencing Ms Laboyrie to enter into a contract, he has acted dishonestly for the purposes of that tort. [13] The Judge accepted that while the licensee made statements that were inaccur...

10. J. Kim v K. E. H. Kim [2016] NZIACDT 32 (22 June 2016) [pdf, 172 KB]

    ...competed with the information required. She submitted that LTB Visa application with a business plan for the complainant and her family in August 2011. [6.6] In January 2012, Immigration New Zealand approved the LTB Visa and wrote to the complainant, care of Ms Kim, requesting passports to complete the process for issuing visas. Ms Kim emailed the complainant stating that Immigration New Zealand could not issue the visas until she paid the balance of Ms Kim’s fees. She told the complain...