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1. Perkinson v CAC 10040 & Cooper & Le Mac [2011] NZREADT 32 [pdf, 116 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL Decision No: [2011] NZREADT 32 Reference No: READT 010/11 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN MARTIN PERKINSON AND ANNE PERKINSON Appellants AND COMPLAINTS ASSESSMENT COMMITTEE (CAC 10040) First respondent AND MARTIN COOPER AND CAROLYNN LE MAC Second respondents MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms J Robson - Me...

2. LCRO 130/2016 RB v ZB (28 June 2017) [pdf, 229 KB]

   ...scope of review [25] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:10 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for th...

3. MacDonald v MacDonald - Wairau Block XII Section 6C 2C (2021) 69 Te Waipounamu MB 251 (69 TWP 251) [pdf, 256 KB]

   ...which was dismissed by the Māori Land Court on 15 October 2014.2 The Court held the partition was not necessary to facilitate the effective operation, development and utilisation of the land and there were alternatives available. [9] Phillip appealed the decision on the basis that partition was sought after four years of failed negotiations with Brigham, and due to Brigham’s occupation of the block he has been effectively alienated. [10] The Māori Appellate Court dismissed t...

4. Ngatai - Tokata B8 Trustees (2015) 50 Tairawhiti MB 175 (50 TRW 175) [pdf, 218 KB]

   ...[22] Thus s 238 provides that the Court may at any time in respect of any trustee to which the section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). In Clarke v Karaitiana (2011) 7 the Court of Appeal on noting the wide supervisory and enforcement powers of this Court under s 238 explained that these powers: “… include the power to require any trustee to provide a written report to the Court and to appear before the Court in any...

5. LCRO 191/2020 QC on behalf of ABC Limited v VH (8 April 2022) [pdf, 185 KB]

   ...scope of review [30] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

6. Complaint Assessment Committee 403 v Licensee B [2017] NZREADT 21 [pdf, 178 KB]

   ...12 Real Estate Agents Authority (CAC 10054) v Hume [2014] NZREADT 10, at [15]. 13 N [2012] NZHPDT 441 (21 March 2012), concerning a registered nurse; Rabih [2014] NZHPDT 638 (11 August 2014), concerning a registered dentist (penalty upheld on appeal: Rabih v A Professional Conduct Committee of the Dental Council [2015] NZHC 1110); Milo [2012] NZHPDT 452 (15 May 2012), concerning a registered nurse. 14 Real Estate Agents Authority (CAC 10054) v Arthur Subritzky [2012] NZREADT 19...

7. AE v Decision to prosecute LCRO 93/2013 & 338/2013 (11 March 2014) [pdf, 134 KB]

   ...determination which contained only the resolution to refer matters to the Tribunal without including any 2 discussion or reasons is in accordance with the provisions of s 158 of the Lawyers and Conveyancers Act 2006, and the judgment of the Court of Appeal in Orlov v NZLS.1 However, this presents something of a dilemma on review, as this Office is required by s 213(2) of the Lawyers and Conveyancers Act to provide reasons for its decision. In addition, the High Court held in...

8. LCRO 126/2013 MZ v JK [pdf, 128 KB]

   ...scope of review [28] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

9. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 43 [pdf, 149 KB]

   ...rental for the remedial period for 26 weeks at $950 a week; $24,700. Interest. Costs. Page | 7 General Damages [13] The claimants have applied for general damages of $35,000. Sunset Terraces and Byron Avenue Court1 of Appeal decisions establish that the appropriate measure depends on individual circumstances. However, for owner occupiers the usual award will be in the vicinity of $25,000. White J in Coughlan v Abernethy 2 confirmed that standard rat...

10. Wellington Standards Committee v Hall [2012] NZLCDT 7 [pdf, 117 KB]

    ...is of course not a criminal case, the Tribunal considers it is an application to strike out a case on the basis that it discloses no reasonably arguable cause of action. The principles to be applied in such a case are summarised by the Court of Appeal in Attorney-General v Prince & Gardner1 and endorsed by the Supreme Court in Couch v Attorney-General.2 Significantly an application to strike on this basis must proceed only in those cases where the