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1. Hikaka v The Real Estate Agents Authority (CAC 416) & M Lovell, S Lovell, O'Shea and Lovell Real Estate Limited [2018] NZREADT 72 [pdf, 197 KB]

   ...made by the Real Estate Institute of New Zealand Inc (“the REINZ Rules”). These included a Code of Ethics (Part 13). The REINZ Rules remained in effect until 17 November 2009, when the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 (“the 2009 Rules”) came into effect. The 2009 Rules remained in effect until 8 April 2013, when the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the 2012 Rules”) came into effect...

2. Zhang v The First Org Ltd (Strike Out) [2024] NZHRRT 11 [pdf, 163 KB]

   ...results in that group being treated differently on a prohibited ground. A Canadian example we will refer to is a policy in a public health system which does not fund the provision of translation services to deaf patients who could otherwise use state care. The provision did not mention deafness, and did not explicitly exclude deaf patients from the benefit of state care, but a failure to provide translation services to deaf patients effectively denied them equal access to important ben...

3. Edwards v Capital and Coast DHB (Litigation guardian) [2016] NZHRRT 16 [pdf, 67 KB]

   ...proceedings: 7. It is counsel’s submission that in this context a mother/son relationship, and particularly where the events at the heart of the proceeding involve a notification and supply of information to a statutory agency that deals with potential care and protection concerns of young people, that this situation raises the issue of coercion, potentially even innocently so without any intention by either plaintiff. 8. As the first plaintiff sets out, there is nothing unusual or pr...

4. NA v OI [2021] NZDT 1313 (24 February 2021) [pdf, 255 KB]

   ...boundary. NA appeared to believe there were deliberate attempts to increase sunlight in the backyard of the Trustee’s property. In the correspondence, NA also seemed to take issue with the Trustees wanting to ensure the trees had all been taken care of/made safe prior to the repairs to the fence being carried out, to avoid another tree falling and causing further damage after the repairs to the fence had already been carried out. NA appeared to see this as further provocation and dela...

5. [2014] NZEmpC 211 Pyne Gould Corp Ltd v West [pdf, 94 KB]

   ...conveniently summarised by Judge Inglis in Liu v South Pacific Timber (1990) Ltd: 2 [10] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd as follows: The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse awa...

6. XH v BB LCRO 237 / 2012 (26 June 2013) [pdf, 114 KB]

   ...not a failure of due process. Duty of confidence 9 Application for review to LCRO dated 15 September 2012. 10 Above n 9. 11 Above n 9. 6 [26] Rule 8 the Rules of Conduct and Client Care states:12 a lawyer has a duty to protect and to hold in strict confidence all information concerning a client, the retainer, and the client’s business and affairs acquired in the course of the professional relationship. [27] The R...

7. LCRO 195/2014 MC v GK (28 May 2018) [pdf, 179 KB]

   ...fair and reasonable and accordingly his conduct constituted unsatisfactory conduct pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 (the Act) by reason of a breach of r 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). [13] In determining what orders to make following the finding of unsatisfactory conduct:4 [the Committee] was of the view that an additional 15% of the time expended ($2,415.60) was a reasonable premium to ad...

8. Baker v The Real Estate Agents Authority (CAC 413) and Yu [2018] NZREADT 73 [pdf, 248 KB]

   ...and Ms Zhao’s supervisor, and Mr Endong (Anton) Huang, a licensed salesperson at the Agency, and listing agent for the property. Substantive decision [5] As relevant to this appeal, the Committee found that Ms Zhao failed to exercise skill, care, competence, and diligence by failing to search and understand the title to the property, and misleading Ms Yu by representing that the property could be subdivided. The Committee found that Ms Zhao had breached rr 5.1, 6.2, 6.3, a...

9. Liu & Anor v Auckland Council & Ors [2013] NZWHT Auckland 25 [pdf, 257 KB]

   ...gives rise to one of the main issues in this proceeding, namely the scope of repairs required to properly remediate the property. [3] Prior to hearing Auckland Council, the first respondent, accepted that it owed the claimants a duty of care which it breached when carrying out inspections and issuing the code compliance certificate. The Council accepts responsibility for three primary defects which it agrees have necessitated a full reclad. However the Council disputes the...

10. MA v Accident Compensation Corporation (Impairment Assessment) [2024] NZACC 117 (17 July 2024) [pdf, 193 KB]

    ...Occupational Physician, having interviewed the appellant by telephone and reviewed the relevant documentation, provided an assessment report on the appellant, as follows: 3 Activities of Daily Living He confirmed he is independent in basic self care activities within the home environment. He reports he feels anxious when he goes out of the house. He can do some gardening and describes pottering in the home. He does some housework tasks. He said he is less motivated to cook an...