Search Results

1. CAC 10007 v Wallace - Penalty Decision [2012] NZREADT 70 [pdf, 40 KB]

   ...similar cases: Aitken v Real Estate Agents Licensing Board HC Christchurch AP 130/96, 6 September 1996 at 12.” 6 [28] The Tribunal was satisfied that the conduct warrants consideration of cancellation or suspension of the defendant’s licence, but took into account the context of the offending, namely a bitter and private matrimonial dispute. Further, the forgeries were not directly connected with his real estate work. The end sentence was one of suspension for 12 months....

2. Complaints Assessment Committee 409 v Ganesh [2018] NZREADT 27 [pdf, 195 KB]

   ...may impose under s 93 of the Act (these include censuring or reprimanding the licensee, and ordering the licensee to undergo training or education); [b] Impose a fine of up to $15,000; [c] Order cancellation or suspension of the licensee’s licence; Submissions [21] Mr Waalkens submitted for the Committee that cancellation is the appropriate penalty, in light of the gravity of Mr Ganesh’s conduct, in particular that he lied to the Authority’s investigator in the course of...

3. FI v UY LCRO 254 / 2010 (28 September 2011) [pdf, 89 KB]

   ...her husband that from then on, they required all communications with regard to the Estate to be directed through UY’s office. [6] FJ & FL owned a unit in a retirement village in Wellington. FL was not living in the unit and the Occupation Licence was to be surrendered. In December 2008 it had been agreed that FI’s husband would negotiate the surrender of the Licence with ACT. FI assumed that the unit formed part of the Estate and it does not appear that there was any discu...

4. LCRO 3/2017 and LCRO 148/2017 McDonnell v LA (28 June 2019) [pdf, 436 KB]

   ...October 2014. [11] Mr A had investments in his name, valued at approximately $220,000. There were also bank accounts in the couple’s joint names, in the amount of approximately $130,000. [12] The couple’s significant jointly owned asset was a licence to occupy a retirement apartment (the licence to occupy). This was said to be worth approximately $300,000.2 Estate planning and will instructions: [13] Mr A’s estate planning instructions to Ms McDonnell were that all prope...

5. Malcolm - Waione Y (2018) 195 Waiariki MB 111 (195 WAR 111) [pdf, 298 KB]

   ...[28] I note the following matters from the meetings held and the minutes provided to the Court: (a) At a meeting of Waione Y owners on 8 October 2017, there was extensive discussion regarding consent or otherwise from the land owners for a licence to occupy land by the whānau of Te Poroa Malcolm. (b) At a meeting held on 13 October 2017 there was one item on the agenda being Grace Malcolm seeking a licence to occupy for Waione Y. In this meeting, the trustees did not vote...

6. [2020] NZIACDT 16 - NL v Joseph - Sanctions (12 March 2020) [pdf, 99 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 the...

7. CAC20003 v Sue [2015] NZREADT 87 [pdf, 180 KB]

   ...significant concern to us and reflects adversely on his fitness to conduct real estate agency work. We agree. [18] Ms Earl submits that conduct of this nature, involving as it does mismanagement of client monies, warrants suspension of the defendant’s licence and, in the particular circumstances of this case, suspension for a period of three months would be appropriate to denounce the conduct involved. She observes that, in contrast to the situation where a licensee works exclusivel...

8. [2024] NZIACDT 26 – QN v Nandan (12 November 2024) [pdf, 227 KB]

   ...out in the earlier decision and will only be briefly summarised here. [5] At the relevant time, Rupika Nandan was a licensed immigration adviser and director of NZ OZ Immigration Ltd of Hamilton (the immigration company). She surrendered her licence in November 2019 when she became a solicitor. She now practises law in another country. [6] The complainant, QN, a national of India, had a work visa to work as a personal assistant for the immigration company. On 7 May 2018, Ms Nan...

9. Copyright Licensing Limited v Universities of NZ [2014] NZCOP 1 [pdf, 79 KB]

   ...elements. I accept, however, that time has certainly passed since the filing of the Reference in February 2013, and note also Mr Brown’s submission that the Tribunal does not have the power to award interest, reducing the value of any increase in the licence fee which the Tribunal may order and back date. [16] CLL proposes seeking “tailored” (or “limited”) discovery, and much of the draft timetable concerns steps to be taken in discovery. [17] The Universities presently opp...

10. Te Amo v Nicholas - Te Whaiti-Nui-A-Toi (2023) 306 Waiariki MB 7 (306 WAR 7) [pdf, 244 KB]

    ...invitees, from occupying the land and directing Mrs Nicholas to remove the current structure, known as the shed, from the land within a six-month timeframe. However, the issuing of final orders is delayed pending Phyllis Nicholas filing an occupation licence application with the trustees. The trustees are to convene a meeting of trustees to properly consider the application. I have directed that this process should all be completed within four months from the date of this judgment....