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1. Sharma v Joseph [2018] NZIACDT 5 (6 March 2018) [pdf, 89 KB]

   ...initially. His explanation for doing that was his embarrassment and lack of experience in dealing with the consequences of a significant professional error. [9] The adviser, as he is entitled to do, gained his academic qualifications to practise as a licenced immigration adviser and practised on his own account. He has not had the benefit of working in a practice with an experienced adviser. There is a requirement for mentoring; however, that is far short of the ideal environment...

2. CAC v Hughes and Hape, CAC v Hughes and Lal [2016] NZREADT 57 [pdf, 336 KB]

   ...also not received a commission. [21] The Tribunal comment that these are appropriate practical first steps for the parties concerned to have taken. Mr Hughes [22] Mr Hughes has stopped working as a real estate agent. He has surrendered his licence. His conduct is the most serious of all of the agents before the Tribunal. Mr Hughes did not contest the submissions of the Real Estate Agents Authority that his licence should have been cancelled if he had not already surrendered it....

3. Appalasamy v Yap [2014] NZIACDT 63 (05 May 2014) [pdf, 120 KB]

   ...and trauma. The Adviser [6] The adviser’s submissions essentially challenge the correctness of the Tribunal’s decision; he continued to support his position taken in relation to the complainant seeking to justify his position. Discussion Licence [7] I am concerned the adviser, even when responding to the Tribunal’s decision, appears to be uncomprehending of the issues that gave rise to findings of negligence and incompetence. [8] That inevitably leaves a concern that the a...

4. Teinakore 20 February 2014 NZSHD 2 [pdf, 28 KB]

   ...convicted of any offence under the Pawnbrokers Act 1908 or the Secondhand Dealers Act 1963, within the past five years; or • has been subject, at any time within the past five years, to a sentence of imprisonment; or • has had a certificate or licence cancelled, or had renewal of a certificate or licence refused, within the past five years; or • holds a certificate that is suspended; or • is, or was at the relevant time, a person concerned in the management of a comp...

5. BORA Secondhand Dealers and Pawnbrokers Bill [pdf, 18 KB]

   ...that we wish to draw to your attention. Age restrictions (s 19(1) BORA) 2. First, there were two provisions that raised issues of potential age discrimination. Clause 21(b) prohibits persons under the age of 18 years from holding certificates or licences as pawnbrokers, secondhand dealers or agents. Clauses 56(1) and 57(1)(f) prevent pawnbrokers from accepting pledges from persons under that age. 3. These age restrictions are prima facie inconsistent with the freedom from discrimina...

6. Complaints Assessment Committee 413 v Kumandan [2018] NZREADT 75 [pdf, 151 KB]

   ...ensure that the licensee in question does not act in a similar way in the future. 3.5 In the present case, the Committee submits that both specific and general deterrence are engaged. While Mr Kumandan has not engaged in these proceedings and his licence is voluntarily suspended, his conduct should be recorded should he seek to resume working in real estate. Additionally, a strong message should be sent to other licensees about the importance of compliance with requirements under...

7. Real Estate Agents Authority (CAC 301 & 403) v Tucker [2017] NZREADT 4 [pdf, 152 KB]

   ...relevant to the present case, the Tribunal may: [a] Make any of the orders that a Complaints Assessment Committee may impose under s 93 of the Act; [b] Impose a fine of up to $15,000; [c] Order cancellation or suspension of the licensee’s licence; [d] Order that a licensee’s employment (or engagement if the licensee is an independent contractor) be terminated and that no agent may employ or engage the licensee; 9 Section 3...

8. CAC 20006 v Stevenson [2013] NZREADT 74 [pdf, 28 KB]

   ...2008. The Tribunal has available to it those penalties which are set out in sections 110 and 93. [4] The penalties which are relevant to the charges on which Mr Stevenson have been found guilty are: [a] An order cancelling Mr Stevenson’s licence (s 110(2)(b)); [b] An order suspending Mr Stevenson’s licence (s 110(2)(c)); [c] An order that Mr Stevenson pay a fine up to $15,000 (s 110(2)(f)); [d] An order for compensation (s 110(2)(g)). [5] In respect of the finding of miscon...

9. BORA 2001 Land Transport Street and Illegal Drag Racing Amendment Bill [pdf, 92 KB]

   ...legally prevent a person from continuing to drive; it merely takes away access to one of the possible instruments with which they are able to do it. By way of contrast, section 95 of the Act provides for mandatory suspension of a person’s driver’s licence in certain circumstances where they have been driving in a manner that might be described as posing a threat to the safety of road users. Furthermore, the Act provides for seizure and impoundment of a vehicle for 28 days where a person i...

10. McGeorge v Standing [2012] NZIACDT 48 (30 August 2012) [pdf, 124 KB]

    ...to migrate to New Zealand was essentially assured, and the money was paid in reliance on those representations. [4] After paying the money, Mr Standing did little or nothing to provide the services he had agreed to provide. [5] Mr Standing’s licence was cancelled by this Tribunal on an independent complaint, and he was no longer able to provide the services. He has not refunded the fees paid in advance. [6] The evidence supporting the complaint provided grounds for potentially takin...