Search Results

1. [2022] NZEnvC 140 Cornelius v Western Bay of Plenty District Council [pdf, 419 KB]

   ...or a determination of the Environment Court states otherwise. [10] The primary purpose of s 116 of the Act is to specify when a resource consent commences. Relevantly in this case, s 116(1) specifies the time of commencement on a basis which protects any right of appeal by suspending commencement until any appeal right has expired or any appeal has been determined. There is a reservation to the Court of a power to determine a commencement otherwise than as specified in the sectio...

2. Argyle v Macdee McLennan Construction Ltd & Ors [2012] NZWHT Auckland 30 [pdf, 361 KB]

   ...were: The manner of attachment of the pergola to the cladding which he said would leak in time. Bubbling in the cladding indicating the need for horizontal expansion joints. Flat parapet tops which would allow moisture ingress unless protected by a waterproofing membrane. The stainless steel handrail which also should be protected by waterproofing underneath the base of the posts. Page | 6 Roof apron flashings which ought to have kick-out flashings to pr...

3. Chittock v ACC [2014] NZACA 4 [pdf, 157 KB]

   ...Nor does refusing to produce documentation when directed to do so by the Authority generally assist in the presentation of one’s case. The Issues [4] The issues that I have to determine are: [a] Was the 1998 payment for backdated attendant care under s 80 of the 1982 Act for the period from 14 April 1984 to 11 September 1995 made under s 80(1) as ACC contends, or s 80(3) as Mr Wakefield contends? [b] Can the 1998 payment be reliably taken to indicate that ACC was satisfied t...

4. Complaints Assessment Committee 412 v Grewal, Preet & Co Real Estate Limited, Voordouw & Mason [2018] NZREADT 47 [pdf, 314 KB]

   ...of the Agency1 he signed trust account reconciliations that were incorrect; and [b] a charge under s 73(c) of the Act (charge 5), alleging a wilful or reckless breach of r 7.2 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), in that he failed to make a report to the Real Estate Agents Authority (“the Authority”) when he had reasonable grounds to suspect that Mr Grewal had been guilty of misconduct. In the alternative, Mr Vo...

5. K v N [2013] NZREADT 111 [pdf, 91 KB]

   ...should give s 136 a more liberal interpretation so that a licensee must notify any party where a potential conflict arises, rather than only in circumstances where a transaction is about to be entered into. [23] The Tribunal have considered this carefully. It is certainly true that the Tribunal should not give an unduly restrictive interpretation to the Act. However s 136 clearly sets out the steps required of an agent and it specifies that there must be some transaction which trigger...

6. LCRO 184/2021 PW v QM (21 March 2023) [pdf, 184 KB]

   ...Standards Committee determination [11] The Committee identified two issues to be addressed:4 a) Were the fees charged fair and reasonable for the services provided? (rule 9 and 9.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (RCCC)); b) Did Ms QM use legal processes only for proper purposes? (rule 2.3 of the RCCC). Fees [12] Before addressing the complaint about the quantum of Ms QM’s fees, the Committee posed the question as to whether M...

7. HU & DU v I Ltd & CJ Ltd [2024] NZDT 598 (9 August 2024) [pdf, 232 KB]

   ...mislead the public as to the characteristics and suitability for purpose of their AWD vehicle. 8. I am satisfied that the applicants have experienced a loss because of I Ltd’s conduct. Did CJ Ltd fail to provide a service with reasonable care and skill? 9. The Consumer Guarantees Act 1993 requires suppliers to carry out services to consumers with reasonable care and skill. HU and DU believe CJ Ltd should have known that four tyres needed to be replaced on their AWD vehicle a...

8. AF v BN LCRO 166 / 2011 (25 July 2013) [pdf, 144 KB]

   ...be conduct 13 Above n6. 14 Above n6 at 811. 13 which departs from acceptable professional standards. That departure must be significant enough to attract sanctions for the purposes of protecting the public. Such protection is the basis upon which registration under the Act, with its privileges, is available. I accept the submission of LQ that a finding of conduct unbecoming is not required in every case where error is s...

9. AZ v ZT LCRO 100/2013 (6 May 2014) [pdf, 173 KB]

   ...giving the direction. [48] In deciding whether to refer the fees part of Ms ZT’s complaint back to the Committee, it is important to consider the Act’s general purposes of maintaining public confidence in the provision of legal services and protecting consumers of legal services. In addition, Part 7 of the Act envisages that providing for a more responsive regulatory regime in relation to lawyers contributes to achieving the purposes set out in s 3(1). The regulatory regime

10. Central Standards Committee 3 v Sawyer [2022] NZLCDT 38 (28 October 2022) [pdf, 222 KB]

    ...unsatisfactory conduct. 2 Exhibit 2 to affidavit of K L Corbett 23 March 2022. 3 Section 7(1)(a)(i) Lawyers and Conveyancers Act 2006 (the Act). 4 Section 7(1)(a)(ii) of the Act and rules under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules) 2008. 5 Section 7(1)(b)(ii) of the Act. 3 [5] This decision is organised under the issues: • What was Dr Sawyer’s conduct? • Is it misconduct? • What is the appropriate penalty response? What was...