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1. [2024] NZEnvC 198 Middleton Family Trust v Queenstown Lakes District Council [pdf, 984 KB]

   ...Mr Farrell agrees.20 [52] Messrs Kyle and Geddes oppose the specification of a 100m setback. They consider “a more nuanced approach” is required because they consider there may be locations within this setback area that are well suited for carefully designed residential development which would successfully align with the matters in proposed Pol 24.2.1.5, and the other relevant policies in PDP Ch 24 that are collectively assessed with full discretion. In the event the court con...

2. Miller v REAA & Robinson [2013] NZREADT 14 [pdf, 84 KB]

   ...rejected that proposition and Mr Collins threatened to complain to the Real Estate Agents Authority if Edinburgh proceeded to seek the balance of the commission. In fact, Edinburgh so instructed its solicitors to proceed. [25] The appellant was carefully cross-examined on behalf of all parties. We understood that if the licensee had not left Edinburgh then the latter would have got 50 to 70 percent of the total commission of $25,000; but it has worked out that Edinburgh has receive...

3. Complaints Assessment Committee (CAC 403) v Licensee B [2017] NZREADT 1 [pdf, 267 KB]

   ...whom she described as having shown “grace under fire”. This submission is not of assistance in our assessment of the veracity of the defendant and Ms A, respectively. However, we found Ms A to be a credible witness. She gave her evidence carefully and made concessions where appropriate. [41] On occasion, the defendant was combative, and appeared to be unable, or reluctant, to answer a direct question (even when directed to do so by the Tribunal). Further, he appeared to be...

4. [2020] NZEmpC 60 Noble v Ballooning Canterbury.com Ltd [pdf, 298 KB]

   ...that the duties to the Court, and to existing prospective and former clients are adhered to, and that the reputation of the legal profession is preserved. e) These obligations operated independently and together to impose a duty on counsel to protect the parties to the litigation from an international resident acting in bad faith. The breaches in this case amounted to a serious dereliction of duty, so that the law firm/counsel would be properly amenable to the Court’s jurisdic...

5. Incitement-of-Hatred-Hate-Crime-and-Discrimination_FINAL.pdf [pdf, 559 KB]

   ...against inciting speech to religious belief was one of the recommendations of the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain on 15 March 2019 (the Royal Commission). 3 The Manifesto also committed to better protecting Rainbow communities1 from discrimination and prejudice, including adding gender identity as a prohibited ground of discrimination in the HRA. Executive Summary 4 Cabinet has previously agreed to accept the Royal Commission�...

6. Spring v The Real Estate Agents Authority (CAC 308 & CAC 403) & Buczkowski [2017] NZREADT 82 [pdf, 325 KB]

   ...[53] The Evidence Act provides that a witness who gives evidence in preparation for a case has privilege for this evidence (see s 56). The purpose of this is to enable a free exchange of information or robust discussion of the issues and to ensure protection of this process. [54] Section 96 of the Real Estate Agents Act provides that - 96 Protection and privileges of witnesses Every person has the same privileges and immunities as a witness has in a court of law in relation to...

7. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 21 (27 June 2022) [pdf, 192 KB]

   ...principles underlying the imposition of penalty are also set out in the submissions on behalf of the Standards Committee and are acknowledged by the practitioners. [7] The purpose of the imposition of penalty orders is not a punitive one but is protective, in terms of the Act.4 Specifically, s 3 prescribes: the protection of the public, the maintenance of professional standards and the maintenance of confidence of the public in the legal profession. [8] There are also, analog...

8. ENVC Hearing 6Oct14 AC rebuttal Nicole Bremner [pdf, 209 KB]

   ...                                    10 Moana Te Aira Te Uri Karaka Te Waeroa, Lucy Tukua and Morehu Wilson.   31555669:629148 52. I do not have figures to confirm the extent of land that is protected (paragraph 70) or the extent of building density in the landscape (paragraph 71), but agree with Mr Scott that there are large areas of rural land that are protected via reserves and protective covenants. 53. Mr Scott states a...

9. HH v ASC2 LCRO 33 / 2011 (21 December 2011) [pdf, 161 KB]

   ...Pursuant to the terms of the Agreement, the deposit was to have been paid by Mr and Mrs SY to HI Law within 10 working days of the date of the Agreement to be held by that firm as stakeholder. Ms HJ also noted that the two conditions inserted for the protection of the purchaser were due to have been satisfied by 20 January 2007. 3 [12] There is no indication on the file that Ms SX communicated with her clients at that stage and no further correspondence appears until 27 June...

10. LCRO 144/2016 QT v UF (24 August 2018) [pdf, 245 KB]

    ...transaction as well as acting for the borrower and covenantor, and, secondly, had not provided Ms UF with competent advice. In doing so, Mr QT had contravened the relevant rules in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules) which constituted unsatisfactory conduct. [3] The second decision concerned penalty (the 16 June penalty determination). [4] In September 2008, Ms UF was in a relationship with Mr RP, who owned a business which...