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1. Cole & Anor v Euro-Asia Investments Ltd & Ors [2013] NZWHT Auckland 8 [pdf, 140 KB]

   ...assessment of damages involves a determination of the quantum of loss attributable to the negligence of the respondent deemed to be liable. Having regard to the evidence of the assessor and Mr Grigg, I am satisfied that the breach of duty of care by Mr Reyes has been a substantial and material cause of the multiple defects in construction identified and the consequential substantial diminution in the value of the house. I conclude that Mr Reyes is jointly and severally liable f...

2. Faulkner v Egan - Matapihi 3A2C1C2C (2006) 86 Tauranga MB 141 (86 T 141) [pdf, 785 KB]

   ...8. Prior °to his death Putere filed an affidavit dated 24th June 2005. In that affidavit he said that Hurihia told him that if he and Catherine paid Thomas for his share of the house, she (Hurihia) would gift them her share in return for taking care of her. 9. Catherine Faulkner also confirmed at the hearing that Hurihia had said that as soon as Putere paid the money to Thomas, she (Hurihia) would make her share of the house over to Putere. (See 85 Tauranga MB 104). Attached to Put...

3. Vincent v Kennedy - Estate of Carol Fleet (2019) 185 Taitokerau MB 148 (185 TTK 148) [pdf, 328 KB]

   ...Kennedy. Ambiguity arises because of the phrase “to hold and administer as kaitiaki”. According to the holistic Māori world view, Māori did not consider they owned land in a western sense. Rather, they saw themselves as kaitiaki or caretakers. They were intrinsically linked with the land and had an obligation to care for and look after the land before passing it on to future generations. In other contexts, the term kaitiaki has been used to refer to a trustee and d...

4. EQE v ICQ [2019] NZIACDT 37 (6 June 2019) [pdf, 189 KB]

   ...guidance, he had lost his job, left his assets (presumably in New Zealand) and had been unemployed since returning to India. The complainant says he did not insist on the early filing of the essential skills application. Her negligence had left his career in bad credit with Immigration New Zealand. He sets out $52,565.50 compensation which is sought, including $25,000 for ruining his career and his life, and $25,000 for mental pressure and depression. [37] [the adviser] provide...

5. [2020] NZREADT 18 - Hilliam [pdf, 177 KB]

   ...Committee”) has charged Mr Hilliam with: [a] Charge 1: a charge of misconduct under s 73(c) of the Real Estate Agents Act 2008 (“the Act”) (wilful or reckless contravention of the Act and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”)), or in the alternative, misconduct under s 73(b) of the Act (seriously incompetent or seriously negligent real estate agency work); and [b] Charge 2: a charge of misconduct under s 73(b) of the...

6. [2020] NZIACDT 23 - Y(O)R v Tian (8 June 2020) [pdf, 135 KB]

   ...omission is a serious breach of the Code. The obligation to enter into a written agreement, complying with the prescriptive requirements of the Code, is important. It is not just a paper shuffling, bureaucratic requirement. A compliant agreement protects both the client and the adviser. [55] This item of the complaint is upheld. Ms Tian has breached cl 18(a) of the Code. (2)(v) Failing to provide the complainant with invoices for fees and disbursements, in breach of cl 22 [56]...

7. LCRO 17/2025 ZG v MY (16 April 2025) [pdf, 178 KB]

   ...threat and that any attempt to enter his address would result in the Police being notified. (f) Mr MY has become the sole source of contact with Mr ZG within [law firm]. Mr ZG’s cell phone number has been blocked. These steps were designed to protect other [law firm] employees’ well-being. (g) Mr ZG served a trespass notice on Mr MY in relation to Mr ZG’s home address. 5 (h) The Police and have been notified about Mr ZG’s conduct on a number of occasions. This has inc...

8. Starik v Auckland Council [2016] NZWHT Auckland 5 [pdf, 491 KB]

   ...Peninsula Homes Limited – this company is alleged to have developed the property by the purchase of the land and the construction and sale of the building on that land. It is alleged against Peninsula Homes that it had a non-delegable duty of care to ensure that the building complied in all respects with the Building Act 1991 and the New Zealand Building Code, that it did not leak and cause loss to the claimants. (c) Kevin Bryan Perry – whilst various causes of action were in...

9. Impact summary RIA Extended Control Orders [pdf, 369 KB]

   ...conditions) there are limited options for managing any ongoing terrorism related public safety risk posed by the individual. New Zealand does have post sentence orders for managing some types of offenders (Extended Supervision Orders (ESOs) and Public Protection Orders (PPOs)) but these do not cover terrorism offenders. Under the status quo agencies can interact with individuals, however there is not ability to place requirements upon the person that would help limit the public safe...

10. Te Ariki o Kahukura v Moore – Manukorihi 1B Section 2 (2013) 313 Aotea MB 254 (313 AOT 254) [pdf, 95 KB]

    ...land. The Registrar will provide an appropriate draft trust order to the parties for their consideration as soon as possible. [13] A related consideration, as foreshadowed, is the occupancy of the dwelling by Mr Ngaia and, I understand his primary care-giver, Ms Moore. Prudent trustees will ensure that at the very least the rates and insurance for the dwelling are paid, as it is said they have been, given that one of their principal duties is to protect the assets of the trust. The...