Search Results

1. M D Cottle Family Trust & Ors v Barnett [2015] NZREADT 57 [pdf, 256 KB]

   ...that bringing a client to the property without an Agency Agreement and tendering an offer is a breach of Rule 9.15. The purpose of providing that an Agency Agreement must be entered into before a licensee can offer or market a property is for the protection of both parties. It cannot be waived at the insistence of a client and we find that this failure is a breach of s.72 and is unsatisfactory conduct.” [52] Counsel for the Authority submits that, as in the case of Lee, the licensee...

2. LCRO 136/2016 AB v DE and GH [pdf, 483 KB]

   ...requirement and to consult with her about that before registering the transfer that Ms GH contravened rules 7 and 7.1. (d) Acting for Mr and Mrs JK, and Ms AB Consistent with the consumer purposes of the Act and lawyers’ fundamental obligation to protect clients’ interests,45 r 6 requires that: [i]n acting for a client, a lawyer must, within the bounds of the law and [the rules], protect and promote the interests of the client to the exclusion of the interests of third partie...

3. [2024] NZEmpC 226 Glenfield College BOT & Ors v Anderson [pdf, 272 KB]

   ...is, however, necessary to view cl 2.5 in context. The contextual inquiry includes related clauses in the CEA which inform the correct interpretation of the nature and scope of the provision. And, as Mr Cranney (counsel for NZEI submitted), the protective purposes of the Act, such as the acknowledgement of the inherent inequality in employment relationships, protecting the integrity of individual choice and the general duty of good faith,10 are of broader contextual relevance. The...

4. [2024] NZEmpC 226 Glenfield College BOT & Ors v Anderson [pdf, 365 KB]

   ...is, however, necessary to view cl 2.5 in context. The contextual inquiry includes related clauses in the CEA which inform the correct interpretation of the nature and scope of the provision. And, as Mr Cranney (counsel for NZEI) submitted, the protective purposes of the Act, such as the acknowledgement of the inherent inequality in employment relationships, protecting the integrity of individual choice and the general duty of good faith,10 are of broader contextual relevance. The...

5. King v Commissioner of Police [2023] NZHRRT 19 [pdf, 263 KB]

   ...DID POLICE LIMIT MR KING’S RIGHT TO BE FREE FROM DISABILITY DISCRIMINATION [20] At all times when Mr King was in custody, it is undisputed that Police policies and procedures provided that all persons in custody, are to be kept safe, secure, and cared for, including that special care is given to those with physical or mental health needs. Given the wide range of needs and vulnerabilities of individuals in custody, the policies 5 provided Police discretion as to how they respond i...

6. Zhang v CAC406 & Anor [2015] NZREADT 91 [pdf, 118 KB]

   ...4 (c) providing accountability through a disciplinary process that is independent, transparent, and effective. [8] The resolution of this dispute is not a disciplinary matter. It raises no issues of maintaining industry standards or protection of the public. It is unrelated to any of the disciplinary functions of the Act. Further we do not consider that in this case the dispute about what commission (if any) is payable falls within the definition of real estate agency work...

7. BORA Overseas Investment Bill [pdf, 174 KB]

   ...is not admissible in evidence in any proceeding under the Bill except for proceedings under clause 46 (offence of making false or misleading statements). 9. These provisions raise issues under section 14 of the Bill of Rights Act. Section 14 protects freedom of expression, which includes the right to say nothing. We have considered whether these provisions can be justified in terms of section 5 of the Bill of Rights Act. 3 10. The objective of these provisions is to prom...

8. BORA Smoke-Free Environments (Tobacco Plain Packaging) Amendment Bill [pdf, 294 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

9. BORA Resource Legislation Amendment Bill [pdf, 436 KB]

   ...durable resource management decisions. 5. The principal proposed amendments are to the Resource Management Act 1991 (‘the principal Act’), the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, and the Environmental Protection Authority Act 2011. The Bill would also amend the Conservation Act 1987, the Reserves Act 1977, and the Public Works Act 1981. 6. To achieve the purpose of the Bill, the Bill seeks to amend the principal Act by: a. introducing...

10. [2018] NZEmpC 12 McNabb v Silver Fern Farms Beef Ltd [pdf, 195 KB]

    ...PTI Ltd v Houston AC26/08, 25 August 2008 (EmpC). involved in the case and they seem reasonably confined so that the case should not take the four days currently estimated. I also consider that the sum of $4,500 gives Silver Fern some protection but is not so high that it is unreasonable to expect Ms McNabb to raise it. Ms McNabb needs to be aware that should she proceed with her challenge and be unsuccessful, then any award for costs could substantially exceed this amount...