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1. [2024] NZREADT 40 - CAC v Tafilipepe (25 October 2024) [pdf, 367 KB]

   ...“seriously incompetent or seriously negligent real estate agency work”. Work of that nature would also involve a marked and serious departure from particular standards; the standards to which s 73(b) is directed are those relating to competence and care in conducting real estate agency work. [30] This is not to say that s 73(a) could not apply to work carried out by a licensee so incompetently or negligently as to amount to disgraceful conduct according to the s 73(a) tests. If th...

2. Family Court Rewrite Submission - OCC [pdf, 591 KB]

   ...children. At such stressful times it can be difficult for adults to see past their own grief and stress to maximise children’s best interests. Access to free counselling to support families through the FDR and Family Court processes will help to protect the emotional wellbeing of both adults and children, ensure children’s needs are prioritised, and ensure the care arrangements arrived at are sustainable in the long term. 40. For the same reasons, we consider that children should...

3. Adoption in Aotearoa New Zealand: Summary document - Easy Read [docx, 11 MB]

   ...they do not have the: · physical ability to care for a child or · mental ability to care for a child. Physical ability is about things like being able to move or carry a child. Mental ability is about things like: · what you understand about caring for a child · remembering to do things when caring for a child. [image: ]Some people say: · [image: ]this rule does not see that disabled parents can be good parents · that there needs to be changes to the dispensing with consent...

4. CAC 10003 v Kumandan - Penalty Decision [2012] NZREADT 32 [pdf, 91 KB]

   ...on the Board before it could impose the penalties. The Tribunal find that this additional inquiry is not required under s 172. Principles of Sentencing [11] A penalty must fulfil the following functions in a disciplinary case. They are: (a) Protecting the public Section 3 of the Real Estate Agents Act sets out the purposes of the legislation. The principal purpose of the Act is “to promote and protect the interests of consumers in respect of transactions that relate to real esta...

5. EIC-Siobhan-Karaitiana-Rangitane-o-Manawatu.pdf [pdf, 227 KB]

   ........................................................................................................... 7 BF\59997752\3 Page 3 INTRODUCTION 1. My name is Siobhan Alana Karaitiana. I work in Te Ao Turoa Environmental Centre, which is part of Best Care (Whakapai Hauora) Charitable Trust, which is inter alia part of the environmental arm of Rangitāne o Manawatū. I am the Principal Environmental Planner. I oversee the day to day kaimahi relationship between Rangitāne o M...

6. F Ltd v DS & KS [2022] NZDT 173 (10 October 2022) [pdf, 181 KB]

   ...responsible to pay the vet bills. Therefore, F Ltd now brings a claim for a refund of the $9,541.55 paid. 3. DS and KS counterclaim $3,099.22 being the cost of additional vet bills. 4. The issues to be decided are: a) Did FQ breach its duty of care by hitting Noah, while on the property of DS and KS? Did the negligence of the painter cause injury to Noah? Did DS and KS have appropriate control of Noah while the painters were at the property? b) Is FQ entitled to a refund of the $9,...

7. SN v J Ltd & T Ltd [2023] NZDT 606 (15 November 2023) [pdf, 231 KB]

   ...b) Was there a misrepresentation made by J Ltd which induced SN into enter into the contract for the purchase of [vehicle]? c) Was there a contract between SN and T Ltd, and if so did T Ltd breach that contract? d) Did T Ltd owe SN a duty of care when providing the Warrant of Fitness for [vehicle] and if so, did T Ltd breach that duty of care and cause SN loss? e) Is J Ltd and/or T Ltd liable to pay SN all or any part of the amount claimed of $4,740.37? Does the Consumer Guaran...

8. IJ v K U Ltd [2020] NZDT 1549 (10 December 2020) [pdf, 202 KB]

   ...a substantial character? c. Are the costs claimed reasonable? Was K & U Ltd’s work completed with reasonable skill and care and fit for purpose? 4. The relevant law is the Consumer Guarantees Act 1993. The Act provides a number of protections for consumers. Section 28 of the Act requires that where services are supplied the service will be carried out with reasonable care and skill. Section 29 of the Act states that when services are supplied to a consumer there is a guaran...

9. SG & LN v M Ltd [2023] NZDT 715 (12 December 2023) [pdf, 220 KB]

   ...if any compensation is awarded, M Ltd should at least be able to retain its significant production costs. 4. The issues to be resolved are: a. What was agreed about the design of the headstone? b. Has M Ltd provided services with reasonable care and skill? and c. If not, are SG and LN entitled to compensation of $15,000.00 as claimed, or to any other sum? CI0301_CIV_DCDT_Order Page 2 of 5 What was agreed about the design of the Headstone? 5. Under contract law, a l...

10. Justice Matters - issue 17 - December 2019 [pdf, 5 MB]

    ...when I look at what is happening across the justice sector, there is much that tells me we are up for the challenge. Corrections is showing the way with Hōkai Rangi, Police with Te Huringa o Te Tai and Oranga Tamariki with the launch of National Care Standards and the cross-Government work on the Child and Youth Wellbeing Strategy. In Justice, we have rolled out Family Violence legislation, are supporting the judiciary with Matariki and Rangatahi courts and are delighted with the ann...