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1. CAC 20006 v Azimi [2014] NZREADT 69 [pdf, 120 KB]

   ...range from making a bare finding of misconduct only (which will be recorded on the public register), censuring the licensee, or ordering him or her to apologise, to ordering compensation, fining the licensee, or suspending or cancelling his or her licence (or any combination of orders); - Real Estate Agents Act 2008, s.110. The wide range of orders open to us reflects the wide range of conduct which may amount to misconduct under s.73. [65] This is consistent with Martin v Director of...

2. Khan v Khetarpal [2015] NZIACDT 45 (24 April 2015) [pdf, 104 KB]

   ...immigration adviser are affected not only by the gravity of their professional transgression; but also by how they address that transgression. A misleading response to a client, the Registrar or this Tribunal may well lead to orders affecting the adviser’s licence, and financial penalties at the high end of the scale; when lesser orders would have resulted if there were mitigating circumstances. [37] Ms Khetarpal should prepare her submissions on penalty with regard to those factors....

3. Ratima v Sullivan - Tataraakina C Trust (2012) 18 Takitimu MB 75 (18 TKT 75) [pdf, 162 KB]

   ...over the block and the rights of owners to enjoy the benefits of ownership because the trust has permitted non-owners and other undesirables to access the land unhindered including individuals with fire arms but who do not possess an appropriate licence. [12] I infer from this material that Mr Baker is seeking a judicial conference to discuss the status of this application and related matters. The case manager will liaise with Mr Baker and his representative Mr Bloor to confirm the...

4. Shaw v CAC 10062 & Pemberton [2012] NZREADT 48 [pdf, 41 KB]

   ...s 99 of the Real Estate Agents 2008. [8] Step 2: as set out above we find that the complaint as it relates to the price indicator amounts to unsatisfactory conduct under s.72. [9] Step 3: The 1976 Act could suspend and cancel Mr Pemberton’s licence or fine him up to $750. Penalty [10] We have modified the decision of the CAC to take no action. We find Mr Pemberton guilty of unsatisfactory conduct. We fine him $400 as a fine is the only appropriate penalty available under the...

5. CAC10073 v Philip Kenny Real Estate Ltd [2013] NZREADT 19 [pdf, 41 KB]

   ...regarding the retention of the funds. [30] There was reference to the licensee having made an early guilty plea and having acted throughout in a thoroughly contrite manner. [31] Mr Argyle particularly emphasised that any period of suspension of licence would not only affect the licensee defendant company and its managing director, but would also affect all the 11 real estate agents employed by it plus other staff. It was put: “If the defendant company is forced to suspend its oper...

6. Hawkes Bay Standards Committee v Beacham [2012] NZLCDT 29 [pdf, 98 KB]

   ...alcohol) and 13 October 2007 (excess breath alcohol); (b) Her conviction under s.56(1) LTA was punishable by a term of imprisonment not exceeding two years or a fine not exceeding $6,000, and disqualification from holding or obtaining a driver’s licence for more than one year, by reference to s.56(4) LTA. (c) In the event, she was sentenced to a term of disqualification from driving for one year and one day and fined $1,200 and ordered to pay Court costs of $132.89; and (d) The...

7. BQ v YE LCRO 188 / 2010 (1 April 2011) [pdf, 117 KB]

   ...street. That the sale would result in a loss of developmental potential for the owners of another property in the street as a reduction in the width of the street would increase the front yard requirement for that property. That an encroachment licence rather than a sale would satisfy car-parking requirements. That a sale could restrict Council’s options to construct the street to a better standard in the future. [5] The last piece of correspondence with Council prov...

8. Asad v Patel [2014] NZIACDT 61 (30 April 2014) [pdf, 138 KB]

   ...being engaged in the delivery of professional services, to a degree that is unusual in the regulation of professional service delivery. [30] It was foreseeable that some people who had formerly provided immigration services, and failed to gain a licence, would seek to have a licensed person “rubber stamp” their continuing activity in the industry. Unfortunately, this Tribunal’s work demonstrates that this was a well-founded apprehension, and an area where enforcement action has bee...

9. Maxwell - Pakanae 2AA2 (2005) 102 Whangārei MB 94 (102 WH 94) [pdf, 1.4 MB]

   ...parlicularly where there is 8n objection from anothor owner. The legal ownership of the block is in shares - not equal shares but some owners have B groater ownership than others. The Court can only grant interests in the land (by order creating 8 licence) in proportion to that ownership interest. In this case the applicant has a minimal interest in ownerShip. Accordingly the ownership Issue preveils over Ihe Court being able 10 be more flexible by applying likanga consideration - expla...

10. Taka - Koparakore A32 A2 B3B (2016) 55 Takitimu 134 (55 TKT 134) [pdf, 327 KB]

    ...each owner was at law entitled to the use of the whole land, that is, there were no separate areas. However, notwithstanding the position at law, owners invariably agreed on the allocation and use of land without resort to legal tools such as licences, leases or orders of the Court. Such arrangements may be expected in relation to any land in multiple-ownership. In respect of Māori freehold land, these arrangements may be regarded as a form of tikanga. … [43] Consequently, th...