Search Results

1. 2024 NZPSPLA 093.pdf [pdf, 315 KB]

   ...considered by the Authority to be acts of negligence at the highest end of the scale. [71] As part of such a complaint the Authority also must consider14 whether the employees of AE remain suitable to carry on the class of business to which the licence relates because of the person’s character, circumstances, or background. [72] The disciplinary powers of the Authority are found in sections 78 to 83 of the Act. [73] As Ms TN is not a COA holder, the Authority’s jurisdiction...

2. Jackman v CAC 10100 & Raos [2011] NZREADT 31 [pdf, 152 KB]

   ...for the purpose of bringing about “a transaction”. [15] The word “transaction” is also defined in s.4 to relate to the sale, purchase, or other disposal or acquisition of freehold or leasehold estates or interests in land, transferable licences, occupation rights, and businesses. [16] It is not in dispute that the placing of the said advertisement comes within the definition of “real estate agency work”. The Real Estate Agents Act (Professional Conduct and Client...

3. Complaints Assessment Committee (CAC 403) v Licensee B [2017] NZREADT 1 [pdf, 267 KB]

   ...The proper approach is that the Tribunal must: [a] consider whether the licensee’s conduct was disgraceful (the liability stage), then, if such a finding is made, [b] consider whether that conduct affects the licensee’s fitness to hold a licence: see s 36(1)(c) of the Act and (for example) the Tribunal’s decision in Revill v Registrar of the Real Estate Agents Authority.6 This enquiry is properly undertaken at the penalty stage. The factual issues [16] The Tribunal must f...

4. ENVC Hearing 6Oct14 WML rebuttal David Mitchell [pdf, 599 KB]

   ...purchase or rental of a marina berth is subject to contractual arrangements which can and will include terms and conditions applying to the use of the carpark. The terms of use of the parking spaces will be set out for berth owners through their licence agreements and managed through a Parking Management Plan. 10. The marina will have a manager onsite every day who can exercise active control. Berthholders will be informed of the expected use of the parking area and this w...

5. INZ (Foley) v De'Ath [2018] NZIACDT 44 (6 November 2018) [pdf, 273 KB]

   ...After hearing a complaint, the Tribunal may dismiss it, uphold it but take no further action, or uphold it and impose one or more sanctions.4 [38] The sanctions that may be imposed by the Tribunal are set out in the Act.5 It may also suspend a licence pending the outcome of a complaint.6 1 No charge is precisely set out, but the statement at [13] of the statement of complaint is the closest to expressing a charge. 2 Immigration Advisers L...

6. McCay-Woods v CAC 20008 & Anor [2014] NZREADT 103 [pdf, 69 KB]

   ...Introduction [1] Ms Carolyn McCay-Woods (“the complainant”) appeals against the decision of Complaints Assessment Committee 20008 to take no further action on her complaint against Mr Stephen Johnston (“the licensee”). The latter holds an agent’s licence and works for Johnson Realty Ltd, trading as RE/MAX Quality. [2] The complainant submits that the conduct of the licensee, which we outline below, amounts to “unsatisfactory conduct” defined in s.72 of the Act as follows...

7. People charged and convicted of psychoactive substances offences June 2022 [xlsx, 96 KB]

   ...substances that are not approved products (s70) - possession - includes possession of an unapproved product (s71) and people under 18 years buying or possessing psychoactive substances (s48) - other offences - includes offences related to sale without a licence (s27), place of sale (s52) and obstructing enforcement officers (s83). ANZSOC The Australian and New Zealand Standard Offence Classification is used to categorise offences into 16 divisions, within which subdivisions and groups exist....

8. People charged and convicted of psychoactive substances offences December 2021 [xlsx, 97 KB]

   ...substances that are not approved products (s70) - possession - includes possession of an unapproved product (s71) and people under 18 years buying or possessing psychoactive substances (s48) - other offences - includes offences related to sale without a licence (s27), place of sale (s52) and obstructing enforcement officers (s83). ANZSOC The Australian and New Zealand Standard Offence Classification is used to categorise offences into 16 divisions, within which subdivisions and groups exist....

9. Gwak and Kim TRI-2020-100-006 [2024] NZWHT AUCKLAND 01 [pdf, 237 KB]

   ...Building Certification Limited [8] Compass was a corporate certifier, authorised to perform regulatory functions under s 51 of the Building Act 1991. It was audited by the BIA.1 It had quality manuals. It achieved annual renewals of its licence. 1 BIA was the Building Industry Authority responsible for, inter alia, regulation of private certifiers under the Building Act 1991. 3 [9] At all relevant times, Mr Couper was a director of Compass. [10] Mr Couper was not...

10. [2024] NZREADT 28 – CT v CAC 2106 & Ors (27 August 2024) [pdf, 179 KB]

    ...against CT and BT. CT is a licensed agent under the Real Estate Agents Act 2008 (the Act). BT is a licensed salesperson. CT and BT worked for MD Ltd trading as [redacted] and earlier with MS Ltd trading as [redacted]. MS Ltd surrendered its licence on 1 January 2019 and MD Ltd commenced trading on 31 January 2019. The M entities are collectively described as the agencies. CT and BT and the M entities are collectively described as the licensees. The complaints were also agains...