Search Results

1. CAC 10044 v He [2011] NZREADT 9 [pdf, 90 KB]

   ...investigator. Penalty [13] The defendant was asked if he wished to make any submissions as to penalty and he declined. Mr Hodge has submitted that decisions of industry disciplinary Tribunals emphasise the maintenance of high standards and the protection of the public above any punitive element although orders made in disciplinary proceedings may have a punitive effect. http://www.skykiwi.com/ http://www.skykiwi.com/ http://www.skykiwi.com/ 4 [14] In this regard M...

2. Baker v High Court (Costs) [2022] NZHRRT 4 [pdf, 696 KB]

   ...her statement of claim in the Tribunal the plaintiff first filed with the Human Rights Commission a complaint that she believed she had been subjected to victimisation and discrimination by the Commissioner of Inland Revenue for being a part-time carer of the plaintiff’s child. [9.3] By email dated 10 June 2021 the Commission explained to the plaintiff that the terms of HRA, s 79(3) prevented the Commission from offering its dispute resolution service: I write in response to your com...

3. I Ltd v V Ltd [2024] NZDT 97 (18 January 2024) [pdf, 187 KB]

   ...out the tattoo and has used the photographs. 4. I Ltd claims $3,561.15, being: the cost of photoshopping ($953.35); legal fees ($747.50); a refund of the $900 paid to V Ltd; the cost of flying OB to and from [City 1] ($552.60); waxing and skin care ($58.00); the taxi from the airport ($37.60); nail care costs ($72.10); accommodation ($240). Issues 5. The issues for the Tribunal to determine are: (a) Whether V Ltd engaged in misleading conduct; (b) If so, whether I Ltd is...

4. TC v X Ltd & I Ltd [2024] NZDT 706 (4 September 2024) [pdf, 135 KB]

   ...plumbing claims its invoiced amount of $1334.00 from TC. 8. The issues to be determined are: • Were the blockages caused by construction waste? • If so, what remedy is available to TC? • Did I Ltd perform their service with reasonable care and skill when they opened up the ceiling to check for issues further down the system? • If not, what remedy is available to TC? Were the blockages caused by construction waste? 9. I find that there is insufficient evidence to...

5. Herman, Wang, Howatt, Li, Thornhill, Gilchrist, Barnao, Watson v CAC10100 & Jackman [2012] NZREADT 60 [pdf, 105 KB]

   ...lustre and, therefore, market value to the property in order to enrich the agent and the vendor at the expense of the buyer. It is put that such advertisement is a breach of Rule 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 which prohibits licensees from misleading customers or clients, or providing false information, or withholding information which should by law or fairness be provided to a customer or client. [14] Mr Barnao accepts that Pate...

6. JR v QL LCRO 108 / 2012 (7 September 2012) [pdf, 80 KB]

   ...Counsel stated that it was known to the Standards Committee that the Practitioner had surrendered his practising certificate and accepted that he was not suited to the practice of law. Finally Counsel submitted that a prosecution did not assist in protecting the public because the Practitioner was no longer practising. He questioned whether the significant costs associated with a prosecution could be justified in all of these circumstances. [13] Counsel submitted that the Practi...

7. BORA Reserve Bank of New Zealand Amendment Bill [pdf, 318 KB]

   ...otherwise. 8. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 9. New Part 5D, to be inserted by clause 11 of the Bill, contains powers of search and seizure that require scrutiny for compliance wi...

8. BORA Trade Marks (International Treaties And Enforcement) Amendment Bill [pdf, 309 KB]

   ...seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. Powers of entry and examination – search and seizure without a warrant Clause 17 of the Bill inserts Subpart 2A into the Trade Ma...

9. BORA Local Government (Auckland Law Reform) Bill [pdf, 308 KB]

   ...the Bill draws a distinction on the basis of race. We consider any potential issue of inconsistency with s 19 of the Bill of Rights Act arising from the establishment of the Board to be demonstrably justified under s 5 of that Act. The active protection of the indigenous people of New Zealand and those that have been historically disadvantaged is a significant and important objective. The Board furthers this objective by giving special recognition to the mana whenua and Māori of T...

10. LCRO 133/2018 RN v TL (15 April 2019) [pdf, 101 KB]

    ...that fell below a proper professional standard, further action was not necessary or appropriate. [10] Mr RN disagrees with the Committee and applied for a review. Review Application [11] Mr RN’s key concern on review was that Ms TL did not protect his life savings and instead bullied him into settling on terms he rejects as unfair. Mr RN made various comments about Ms TL’s conduct in the course of acting for him including at the judicial settlement conference when, he says,...