Search Results

1. Real Estate Agents Disciplinary Tribunal Annual Report 2019-20 [pdf, 193 KB]

   ...constitutes an offence for which the licensee has been convicted, and which reflects adversely on the licensee’s fitness to be a licensee. Many of the cases that come before the Tribunal involve complex issues of law and/or fact, which require careful consideration. The Tribunal has built up a considerable body of precedent decisions, which provide guidance to Complaints Assessment Committees, and the industry as a whole. Page | 5 Decisions of the High Court and...

2. LCRO 13/2021 ZW v HN (25 November 2021) [pdf, 250 KB]

   ...circumstances were being investigated. Mr ZW explained that the Legal Services Agency had denied knowledge of this conversation having taken place. It was Mr ZW’s view that in denying knowledge of the conversation, the Agency was endeavouring to protect its own position. [61] Request was made of Mr ZW as to whether he had a record on his file of any communications with Mr HN in which he had either advised Mr HN of the concerns that had been raised or sought clarification from Mr...

3. [2023] NZEnvC 036 Wellington City Council v Liffey Street Limited [pdf, 112 KB]

   ...now posed to the neighbouring properties from the potential for subsidence. 43 I do not have any confidence that ]\fr Vasist will comply with any abatement notice the Council serves. The strong impression we have is that l\fr Vasist does not care about taking the precautions required to ensure the effects of his development are contained to the construction site. Reluctantly, my manager and I have concluded that we need the Court to make an interim enforcement order and hope that...

4. Youth Justice Indicators Counting Rules and Limitations [pdf, 280 KB]

   ...relatively small numbers and changes in the recording of ethnicity over time. 7 YJI 1.6. Proportion of children and young people referred for a FGC who have previously been the subject of a report of concern to Oranga Tamariki relating to their care and protection Counting Rules Section 2(2) of the Children, Young Persons, and their Families Act 1989 states that jurisdiction for proceeding against a child or young person is based on the person’s age when they allegedly...

5. Auckland Standards Committee v Patel [2014] NZLCDT 67 [pdf, 134 KB]

   ...recklessly contravened the provisions of the Lawyers and Conveyancers Act 2006 (“the Act”), the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 (“the Regulations”) and the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“the Rules”). [2] The hearing of the charge occurred on 1 September 2014. It proceeded by way of formal proof after neither the practitioner nor Mark Flyger, a witness to be called by the practitioner, appeared...

6. NQ v HN [2022] NZDT 38 (6 April 2022) [pdf, 183 KB]

   ...NQ entitled to a full refund of his purchase price? Is HN “in trade” selling working dogs? 4. When a good is sold by a seller who is in trade selling goods of that description, then guarantees may be implied into that agreement for the protection of the consumer. An animal comes within the definition of a good. Section 6 of the Consumer Guarantees Act 1993 provides that goods supplied to a consumer must be of an acceptable quality. Section 7 defines acceptable quality as bei...

7. IEAA - 2015 annual report [pdf, 148 KB]

   ...HEALTH OF THE STUDENT 8. In most years at least one case arises where the problems really stem from the mental state of the student and their inability to cope with living in a 4 different environment. There is little that can be done to protect the providers from this situation but it does, in the cases we have come across, lead to some very contentious situations where the IEAA has had to step in and attempt to resolve. CASES 9. The one case which we will espe...

8. Taranaki Standards Committee v Flitcroft [2010] NZLCDT 36 [pdf, 176 KB]

   ...needs to be emphasised at this stage that on all occasions there was no element of personal gain. Mr Flitcroft’s sole motive in completing the forgeries was to enable the various transactions to take place. In pointing this out his counsel was careful not to minimise the seriousness of the misconduct. Mr Flitcroft accepts unreservedly that his actions constituted a serious lapse of judgment on his part and accepts sole responsibility. [8] The hearing on penalty included a dispu...

9. KJ v WN LCRO 46 / 2011 (13 April 2012) [pdf, 60 KB]

   ...Government Agency instead of referring issues for appropriate adjudication according to law. The complaints alleged that the Practitioner’s actions were in breach of his obligations under Rules 2, 10 and 10.7 of the Rules of Conduct and Client Care (the Rules). The Rules cited by the Applicant [19] Rule 2. This Rule requires a lawyer to uphold the rule of law and to facilitate the administration of justice. The Applicant alleged that the Practitioner’s conduct amounted to...

10. BORA Organic Products Bill [pdf, 184 KB]

    ...of the term “organic” is a clearly justified limitation on the right to freedom of expression. The restriction on describing a product as organic is necessary to create consistency amongst organic claims and does not go further than required to protect consumers against misrepresentation. Section 21 - Unreasonable Search and Seizure 12. Section 21 of the Bill of Rights affirms that everyone has the right to be secure against unreasonable search and seizure, whether of the person, p...