Search Results

1. LCRO 133/2017 AD v BE (18 September 2019) [pdf, 349 KB]

   ...raised in Mr BE’s complaint, for a hearing on the papers. The Notice of Hearing identified the following issues: (a) In acting for [EJP], did Mr AD fail to act competently and in a timely manner in accordance with the duty to take reasonable care (r 3)? This is with particular regard to the fact that, upon the third request for an adjournment, the judge ordered that [EJP] be put into liquidation. (b) Was the work outside Mr AD’s normal field of practice? … If so, was [EJP] ma...

2. Lethbridge v The Real Estate Agents Authority (CAC 403) & Fenton, Fenton v The Real Estate Agents Authority (CAC 403) & Lethbridge [2018] NZREADT 58 [pdf, 506 KB]

   ...had in fact been initialled by the vendor, Mr Fenton. While the Committee found that two copies of the Agreement had been initialled by Mr Fenton, it still considered that the practices adopted by Ms Lethbridge had been characterised by a lack of care.1 The Committee expressed the view that the breach that occurred amounted to conduct in breach of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules) “at a very low level”. A fine of $1500 was i...

3. [2023] NZEnvC 225 The Olive Leaf Centre Trust v Queenstown Lakes District Council [pdf, 581 KB]

   ...(i) the 19th century St Patrick’s Church; and (ii) the former 19th century miner’s cottage known as the Blessed Mary MacKillop Cottage located west of the Church (‘the Cottage’); (‘the listed heritage buildings’). (f) contains a protected tree (protected tree #29 under the PDP); (g) is primarily occupied by open lawn with the occasional tree and some boundary planting; (h) is also included on the New Zealand Heritage List as Category 2 Historic Place (administered...

4. [2022] NZEnvC 140 Cornelius v Western Bay of Plenty District Council [pdf, 419 KB]

   ...and to provide a comprehensive tourist and recreation facility at Omanawa Falls, 1031 Omanawa Road, Omanawa. [2] The project can be broadly separated into two parts: (a) The proposal for commercial guided tours and cultural events under the care of Ngāti Hangarau; and (b) Upgrades to the Omanawa Falls Trail and associated structures to address the safety issues which have led to injuries and deaths. [3] The consent granted by the Western Bay of Plenty District Council (RC13...

5. Mullane v Attorney-General [2017] NZHRRT 40 [pdf, 417 KB]

   ...presented in open hearing without compromising the Police case) were also received in the context of the closed hearing. [16] Conscious of the fact that Mr Mullane had been excluded from a potentially significant aspect of the case, the Tribunal took care to ensure the hearing was closed to the minimum degree necessary to mitigate his exclusion while allowing the Police fair opportunity to present their case. [17] No objection was made by Mr Mullane to the receipt of the closed evidenc...

6. [2022] NZIACDT 7 - TA v Tian (27 April 2022) [pdf, 211 KB]

   ...uphold it but take no further action or uphold it and impose one or more sanctions.10 [45] The sanctions that may be imposed by the Tribunal are set out in the Act.11 The focus of professional disciplinary proceedings is not punishment but the protection of the public.12 [46] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ i...

7. Thompson & Ors v CAC 20006 & Adams [2013] NZREADT 65 [pdf, 90 KB]

   ...to remain 244A and 244B, and the existing dwelling was to remain 244C. [10] On 26 April 2012, Mr Law prepared a written market appraisal for the properties in accordance with Rule 9.5 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009. It was prepared to reflect the current market conditions and confirmed comparable information on sales of similar land in the area. It recorded the recent sale of two similar vacant sections in the area. However, the recent...

8. LCRO 130/2022 FN v EO (31 October 2023) [pdf, 261 KB]

   ...the work of Mr FN; c. whether the fees charged by [Law Firm A] were fair and reasonable. Competence and timeliness [34] The Committee referred to the requirements of r 36 and 7.17 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Conduct and Client Care rules). [35] The Committee:8 … noted the work undertaken by Mr FN in his management of the retainer, and found a number of failings from the material on the file. Particularly, it noted th...

9. LCRO 143/2020 TJ v YY (16 December 2021) [pdf, 230 KB]

   ...[2016] NZHC 361, [2016] NZAR 475 at [2]. 9 to provide advice to Ms YY on the issue as to whether Mr OW’s sisters had realistic prospect of challenging the brother’s will, he lost sight of the fact that his primary obligation was to preserve, protect and promote the interests of his client. [42] I think it unfortunate that Mr TJ characterised Ms YY’s apparent failure to inform him that all of the bank accounts had been transferred into joint names, as being conduct which wa...

10. [2015] NZEmpC 82 Smith Crane and Construction Ltd v Hall [pdf, 226 KB]

    ...your employment shall commence on the first day you actually work. b) Secondary employment – this is a full-time position. The employee is expected to devote his/her full energies to the position and for this reason together with a need to protect the [company’s] commercial interest the employee is not permitted to engage in any business activity or secondary employment without the companies prior written consent during the term of this employment contract. Further the co...