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1. Napier v Registrar of the Real Estate Agents Authority [2019] NZREADT 7 (25 Feb 2019) [pdf, 264 KB]

   ...revocation ruling”).2 Except where it is necessary to refer to these rulings separately, we will refer to them collectively as “the rulings”. Brief background [2] Mr Napier was a licensed salesperson. On 2 May 2016 he applied to renew his licence. The Registrar declined to do so, on the basis that his fitness to hold a licence had been called into question by a judgment entered against him in 2015 for the sum of $1.418m in civil proceedings in the High Court at Auckland, an...

2. Rātima v Sullivan - The Tataraakina C Trust (2015) 41 Takitimu MB 102 (41 TKT 102) [pdf, 531 KB]

   ........................................................................................................................... [162] Arataki Honey ............................................................................................................... [163] Hunting Permits ............................................................................................................ [166] Payment of administration services .......................................................................

3. Complaints Assessment Committee (CAC 408) v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 24 [pdf, 311 KB]

   ...Agency for a period of two weeks to enable Mr Schembri to show potential purchasers around the property. 4 During the two weeks of agency Mr Schembri presented an offer, which the Complainant accepted. 5 Mr Schembri, despite not having held a licence as a salesperson under the Act for more than 6 months, and in breach of s 36(2A) of the Lawyers and Conveyancers Act 2006, acted on the negotiation of the agreement between the parties, and as part of that and/or preparatory to it,...

4. 2021-07-05 Transcript (up until1.30pm of day 39).pdf [pdf, 1.9 MB]

   ...he was blind in 50% of both eyes and he was unable to read those documents, and that’s unfortunate, but we did inform the Otago Regional Council, and it had very little patience or consideration of the disability. Under time pressure, that permit or that consent was renewed, but in the 15 process of that renewal of that consent, now referred to as 94655, it resulted in a change in the locations that we were allowed to take water from, and hence a change in the water sources, an...

5. E v Hakaoro [2015] NZIACDT 29 (17 March 2015) [pdf, 138 KB]

   ...both that the complainant had a job offer and a New Zealand partner. [2.5] Mr Hakaoro dishonestly told the complainant Immigration New Zealand was considering her request after it had declined both requests. [2.6] When this Tribunal cancelled his licence, Mr Hakaoro did not tell his client. [3] Mr Hakaoro has not responded to the complaint with an explanation or justification addressing the grounds of complaint. [4] The Tribunal has concluded it must uphold the complaint, as the mate...

6. Wihongi v Samson - Otarihau 2B1C [2018] Māori Appellate Court MB 469 (2018 APPEAL 469) [pdf, 317 KB]

   ...Māori freehold status of the land was restored.4 Then on 5 September 1989, a trust created under s 438 of the Māori Affairs Act 1953 (now called an ahu whenua trust) was constituted over the land.5 On 24 September 1990, the trustees granted a licence to Samuel to occupy an area of 4,048m² which was noted in the Māori Land Court’s title records.6 [9] Samuel died on 21 December 1990. Thelma died on 26 July 2008. The current application was filed by her daughter Hema on 8 J...

7. Complaints Assessments Committee (CAC 409) v Wong NZREADT 16 [pdf, 175 KB]

   ...had carried out real estate agency work that was incompetent or negligent. [2] The Tribunal has received submissions as to penalty from counsel for the Committee, and from Mr Wong. Facts [3] At the relevant time, Mr Wong held an agent’s licence under the Act, trading as “Able Realty”, or “Able Realty One” (“the Agency”). He closed the Agency’s office premises in 2013, but continued to operate the Agency’s trust account. [4] From May 2000 to July 2013, and a...

8. [2020] NZIACDT 26 - UO v Nukulasi (23 June 2020) [pdf, 102 KB]

   ...and indeed has always admitted that she had breached the Code. She understands her failings. In the last two years, Ms Nukulasi has exceeded the requirements of compulsory continuing practice development, including supervision of a provisional licence holder. [14] It is noted by Mr Laurent that the Registrar proposes a modest penalty of $1,000. He observes that delays were a feature in Suresh v Elizabeth2 and WQ v Emberson.3 Counsel contends that Ms Nukulasi’s wrongdoing is no...

9. [2022] NZIACDT 4 - ZI v Wan Sanctions (3 March 2022) [pdf, 199 KB]

   ...51 Disciplinary sanctions (1) The sanctions that the Tribunal may impose are— (a) caution or censure: (b) a requirement to undertake specified training or otherwise remedy any deficiency within a specified period: (c) suspension of licence for the unexpired period of the licence, or until the person meets specified conditions: (d) cancellation of licence: (e) an order preventing the person from reapplying for a licence for a period not exceeding 2 years, or until...

10. [2020] NZIACDT 40 - NZQA (Seavor-Cross) v Jin (25 September 2020) [pdf, 190 KB]

    ...will only be briefly summarised here. [5] Mr Oulu Jin is a licensed immigration adviser and director of Oulu’s Immigration Firm Limited, of Shanghai. At the material time, he was provisionally licensed but since May 2020, he has held a full licence. [6] The client, a national of China, was living in New Zealand. He intended to make an Essential Skills work visa application and required an assessment by NZQA of his overseas qualification. [7] On 16 November 2018, Mr Jin s...