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1. Coma v Real Estate Agents Authority [2019] NZREADT 14 [pdf, 184 KB]

   ...By definition, such circumstances must arise only very rarely. [29] We accept Ms Wisniewski’s submission that fundamental importance of the principle of open justice, and the transparency of court proceedings, is highlighted by the consumer-protection focus of the Act, made clear in s 3(1): 3 Purpose of Act (1) The 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 confidence in th...

2. [2019] NZEmpC 41 Renaissance Assets Management Ltd v Ge [pdf, 350 KB]

   ...Management Ltd; and 1 Ge v Renaissance Assets Management Ltd [2018] NZERA Auckland 272. (b) had been unlawfully required to pay a premium to Renaissance Assets in breach of s 12A of the Wages Protection Act 1983. [2] The Authority held that in dismissing Mr Ge on 20 December 2016, for serious misconduct, Renaissance Assets had failed to satisfy s 103A of the Employment Relations Act 2000 (the Act). The Authority considere...

3. Complaints Assessment Committee 410 v Dai [2017] NZREADT 18 [pdf, 104 KB]

   ...carrying out real estate agency work other than for on or behalf of an agent. [b] Second charge: Ms Dai wilfully or recklessly breached ss 126, 127 and 133 of the Act, and r 11.2 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). [c] Third charge: Ms Dai wilfully or recklessly breached r 6.2 of the Rules. [d] Alternative to the third charge: Ms Dai’s conduct constituted seriously incompetent or seriously negligent real estat...

4. Complaints Assessment Committee 408 v Reed [2017] NZREADT 34 [pdf, 160 KB]

   ...on 3 October 2014. They were not charged commission on the sale. The Tribunal’s findings [9] The Tribunal found that in breach of ss 134 and 135 of the Act, and 10.2, and 10.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), Mr Reed : [a] did not provide the Whittys with a written appraisal of the property before the agency contract was signed; [b] did not explain to them the nature and implications of his buying the propert...

5. JR v QL LCRO 108 / 2012 (7 September 2012) [pdf, 80 KB]

   ...deducted. [8] The concerns of the Committee were whether the Practitioner had breached his professional obligation as set out in Chapters 3 (3.4 (a) and 3.5), 5 (5.4.1, 5.4.2, 5.4.3, 5.4.4), 6 (6.1) and 11 (11.1) of the Lawyers Conduct and Client Care Rules 2008. The 3 Committee was of the view that each aspect of the complaint, if found proven, was capable of reaching a threshold of misconduct or alternatively, given that the issues were so closely interwoven, then taken...

6. 20240624-Education-and-Training-Amendment-Bill.pdf [pdf, 202 KB]

   ...movement are demonstrably justified under s 5 of the Bill of Rights Act. As with similar advice given on a previous Bill,3 we note that the purpose of these kinds of provisions is to minimise disruption to the delivery of education for students, and protect the health, safety, and wellbeing of students. The provisions are therefore rationally connected to these objectives and minimally impair freedom of association and movement. 2 Moncrief-Spittle v Regional Facilities Auckland Li...

7. [2015] NZSSAA 105 (24 December 2015) [pdf, 46 KB]

   ...in the Chief Executive’s stead. [11] This is reinforced by the New Zealand Bill of Rights Act 1990 which provides that wherever a public authority has a power to make a determination in respect of a person’s rights, obligations or interests protected by law, that Authority must apply the rules of natural justice. [12] The appellant is a client of the Ministry of Social Development’s Remote Client Unit. The Authority has been advised that this unit services clients who, due to e...

8. BORA Prisoners' and Victims' Claims Bill [pdf, 194 KB]

   ...of monetary compensation in respect of inmate claims. The availability of monetary compensation, where appropriate, to a person whose rights have been breached is an underlying element of the right to an effective remedy for breach and so to the protection and promotion of those rights under the BORA: see, for example, Simpson v Attorney- General [Baigent’s Case] [1994] 3 NZLR 667, 676, 691, 703 and 718, relying upon art. 2(3) of the International Covenant on Civil and Political Right...

9. [2018] NZEmpC 10 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [pdf, 162 KB]

   ...will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that effect should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the courts for a genuine plaintiff is not lightly to be denied. [16] Of course, the interests of defendants also must be weighed. They must b...

10. BORA Reserve Bank of New Zealand Amendment Bill [pdf, 318 KB]

    ...otherwise. 8. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 9. New Part 5D, to be inserted by clause 11 of the Bill, contains powers of search and seizure that require scrutiny for compliance wi...