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1. [2021] NZREADT 39 - Lee (29 July 2021) [pdf, 243 KB]

   ...for his non-appearance. The Tribunal therefore determined the charges by way of formal proof. A copy of the decision was provided to Mr Lee. Penalty principles [10] The principal purpose of the Real Estate Agents Act 2008 is to “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.2 The Act achieves these purposes by regulating agents, branch managers,...

2. Twigley v New Zealand Law Society [2025] NZLCDT 5 (28 January 2025) [pdf, 98 KB]

   ...of New South Wales v Foreman [1994] 34 NSWLR 408, 419, per Kirby P. 3 Issue [6] The issue for the Tribunal was whether the structure for re-entry into legal practice being put forward for consideration by Mr Twigley was sufficient to protect the public (and the profession’s reputation) from risk of future lapses in Mr Twigley’s judgement; and ensure adherence to his professional obligations. And, centrally, did we assess Mr Twigley to be a fit and proper person to p...

3. IK v VR LCRO 227/2014 (21 December 2015) [pdf, 102 KB]

   ...Service about aspects of IK’s representation of her. The complaint alleged: • A failure by Mr IK to hold fees she had paid in advance, in a trust account (the trust account complaint). • A failure by Mr IK to provide engagement and client care information (the terms of engagement complaint). • A failure by Mr IK promptly to invoice Ms VR (the invoice complaint). • A failure by Mr IK to return documents to Ms VR following termination of the retainer (the documents complain...

4. Lloyd v CAC 10056 & Davies [2012] NZREADT 27 [pdf, 149 KB]

   ...negligent; or (d) would reasonably be regarded by agents of good standing as being unacceptable.” [5] In the course of the hearing, the parties referred to some of the rules contained in the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 and, in particular, to rules 6 and 9 which read: “6 Standards of professional conduct 6.1 An agent must comply with the fiduciary obligations to her or her client arising as an agent. 6.2 A licensee must act in...

5. BORA End of Life Choices Bill section 7 report [pdf, 263 KB]

   ...http://www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/bill-of-rights-compliance-reports/section-7-reports/ 2 The motivation for this Bill is compassion. It allows people who so choose, and are eligible under this Bill, to end their lives in peace and dignity, surrounded by loved ones. The Bill carefully defines those eligible for assisted dying, details a comprehensive set of provisions to ensure this is a free choice, made without coercion, a...

6. LCRO 243/2016 KE v HO (21 June 2019) [pdf, 272 KB]

   ...formed the view there had been unsatisfactory conduct on Mrs KE’s part, pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 (the Act), in that she had contravened r 13.8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). Background [2] The allegation against Mrs KE is that, as a lawyer engaged in litigation, she had attacked Mr HO’s reputation without good cause in documents filed in court proceedings commenced by Mr NE ag...

7. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

   ...twelve (12) months prior to terminating your employment; Procure of assist anyone else to breach any of the covenants contained within this paragraph. 70/72 The employee acknowledges that these non-solicitation covenants are reasonable for the protection of the employer’s business. The employee also acknowledges that the employee has received consideration for these covenants by the salary and other benefits provided by the employer. 71/73 The several covenants contained in...

8. [2018] NZEnvC 208 The Wolds Station Limited v Mackenzie District Council [pdf, 5.2 MB]

   ...maps of the FBAs contains two typographical errors which should be corrected before the maps are included in the District Plan. (1) "Sights of Natural Significance" should read "Sites of Natural Significance"; (2) "Lake Side Protect on Areas" should read "Lakeside Protection Areas". 3 [2J The court recorded that the Consent Order "concludes these proceedings". That was over-optimistic (and incorrect) because there is one outstanding i...

9. [2024] NZEnvC 237 Mangawhai Matters Incorporated v Kaipara District Council [pdf, 1.6 MB]

   ...Operative District Plan, in combination with a site-specific precinct (known as the Cove Road North Precinct) comprised of a suite of objectives, policies, and rules to guide development. The purpose of having a bespoke suite of provisions is to protect the ecological features while promoting a high-quality urban design appropriate to this particular land. [4] PPC83 rezoning the area from Rural to Residential is consistent with the future growth of Mangawhai anticipated under the S...

10. Carter v Tulip Holdings Ltd [pdf, 180 KB]

    ...19 LIABILITY FOR LOSS CAUSED BY THE CLAIMANTS’ DWELLING BEING A LEAKY BUILDING 23 The liability of the First respondent, THL, in contract 23 The liability of the Fifth respondent, Brown Day, in tort 27 • The standard of care 28 • Evidence of the standard 29 • The standard of plans and specifications generally 30 CLAIM NO.00692 – CARTER DETERMINATION.doc 3 • The standard of the plans and specifications of Brown Day 37 �...