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1. 2023 NZPSPLA 068 [pdf, 104 KB]

   ...Qaisrani. It would mean that a security guard’s certificate could never be cancelled following a disqualifying conviction or sentence no matter how serious. It would also mean that no other professional disciplinary body could ever cancel a person’s licence or practicing certificate following a conviction. [13] I therefore conclude that taking disciplinary action against Mr Mehmood following his convictions is not double jeopardy and is not a breach of s 26 of the Bill of Rights...

2. Trinder – Kopu – Mangati B2B (2024) 485 Aotea MB 55 (485 AOT 55) [pdf, 1023 KB]

   ...to develop homes for owners to live in. [33] The residual question, however, is whether partitioning the Block is the only reasonable way to give effect to the intended use. There are other less intrusive options, including occupation orders, licences to occupy or a papakāinga scheme. [34] Following my directions issued on 4 March 2024, both applicants provided a response to the necessity question. Based on these submissions, a common theme and high priority for both applican...

3. 2019 NZPSPLA XXXXXX/2016 [pdf, 160 KB]

   ...investigate an alleged theft by one of the business’s employees. Both Mr and the person accused of theft are friends of Mr C. Mr R holds a current certificate of approval in the class of private investigator and his company, Limited, holds a current licence in the same class. [3] Section 74(2) of the Act states that a member of the public, such as Mr C, may only file a complaint with the leave of the Authority. Section 74 says that I should only grant leave if I am satisfied...

4. Xu v Noon [2014] NZIACDT 113 (16 October 2014) [pdf, 130 KB]

   ...Overall evaluation of the professional offending [20] Given Mr Noon’s willingness to correct the deficiencies that occurred and the relatively low level of offending, a financial penalty is adequate and appropriate. Orders relating to Mr Noon’s licence or a imposing a training requirement is not necessary. 4 The financial penalty on this complaint [21] Mr Noon’s conduct in this matter was not trivial. If he had properly documented his engagement in the manner requi...

5. CAC 519 v Saxton [2019] NZREADT 44 (31 October 2019) [pdf, 235 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 [9] Ms Earl submitted for the Committee that conduct is in breach of r 6.3 if it is conduct that, if known to the public generally, would more likely than not lead members of the public to think that licensees should no...

6. LL v XX [2023] NZDT 219 (17 May 2023) [pdf, 112 KB]

   ...and that LL had never provided any invoices or receipts. CI0301_CIV_DCDT_Order Page 2 of 3 ii) The signature on the receipt which D and U say is LL’s, written by him that day, looks like the beginning of his signature from his driver’s licence and passports. LL confirmed today that his signature is written using a Tamil alphabet. The interpreter and LL confirmed that in Tamil a [letter 1, from LL’s signature] looks more like a [letter 2] in English. The first letter of the si...

7. Lewis & Cattanach v CAC 20005 & Van der Walt [2014] NZREADT 59 [pdf, 28 KB]

   ...Committee may direct publication of its decisions under ss.80, 89 and 93 "as it considers necessary or desirable in the public interest". [6] The Act also requires the Registrar of the Authority to maintain a public register of those holding licences under the Act which provides information about any action taken on a disciplinary matter in respect of a licensee in the past three years; ss.63- 66 of the Act. The effect of this is that a CAC finding of unsatisfactory conduct,...

8. KI & QI v TX [2021] NZDT 1688 (10 December 2021) [pdf, 117 KB]

   ...times a day. Further they have been neighbours for several years. I find it more likely than not that TX would have known what KI & QI’s cat looked like. 14. I also accept that TX is familiar with firearms and is the holder of a firearm’s licence. I accept TX’s evidence that he shoots rabbits on his property and has shot ‘feral’ cats before. I accept that given his experience with firearms and given TX’s experience with pest eradication, TX is obliged to make absolutely...

9. READT annual report 2024 [pdf, 263 KB]

   ...and to promote public confidence in the performance of real estate agency work.1 The functions of the Tribunal are set out in the Act:2 (a) to hear and determine any application made by a Complaints Assessment Committee for the suspension of the licence of a licensee pending the determination of a charge that the Committee has laid against the licensee: (b) to hear and determine any charge against a licensee brought by the Committee: (c) to hear any appeal under section 111 against...

10. WI & ZI v G Ltd [2024] NZDT 702 (21 August 2024) [pdf, 100 KB]

    ...contacted the real estate agent, the agent gave him the number of the drainlayer who had completed the drainage work on site, KA. ZI talked to KA and established that KA is not a Licensed Building Practitioner for drain-laying – he notes that an LBP licence is required to complete work of this nature. 5. ZI subsequently laid a complaint about the work carried out by KA (who has apparently widely publicised his drain-laying work through his TikTok account) with the Plumbers and Drain...