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1. Complaints Assessment Committee 409 v Ganesh [2018] NZREADT 27 [pdf, 195 KB]

   ...Complaints Assessment Committee 409 (“the Committee”). [11] The first charge alleged misconduct under s 73(c)(i) and (iii) of the Act (wilful or reckless contravention of the Act or the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”)). The Committee alleged that he [a] had failed to disclose in writing that Mogans and he and/or his wife might benefit financially from the sale of the property to Mr Singh (by way of repayment of the Mo...

2. [2020] NZEnvC 108 Terra NZ Group Limited v Auckland Council [pdf, 406 KB]

   ...3 (i) The earthworks exceeded the area of 2,600 m2 authorised by Condition 1 of the resource consent; and (ii) The culverts for the road exceeded the permitted activity standards, being longer than 30 metres and with erosion and sediment protection works in excess of 5 metres. [8] The relevant rules under the AUP appear to be Rule E3.4.1 (A33) in respect of culvert lengths and Rule E3.6.1.14 (b) in respect of the erosion and sediment protection works. These were the matters...

3. [2020] NZIACDT 18 - UO v Nukulasi [pdf, 92 KB]

   ...were no longer her clients. [16] The Associate Minister’s office wrote to Ms Nukulasi on 10 October 2018 advising that the Minister did not intervene where alternatives could be pursued through Immigration New Zealand or the Immigration and Protection Tribunal. Requests for Ministerial intervention should only be considered once all other options had been exhausted. A request under s 61 could be made to Immigration New Zealand. COMPLAINT [17] On 2 November 2018, the compla...

4. CS & KS v H Ltd [2023] NZDT 605 (13 November 2023) [pdf, 204 KB]

   ...rooms requires good guttering. Their concern about the gutters is that in future events with heavier rainfall the gutters may overflow 13. HG points out that the inverter is weatherproof to the IP 65 standard. “IP” refers to “International Protection”, and is a standardised code established by the EU as code EN 60529. To meet this standard an appliance must be able demonstrate complete resistance to dust for up to 8 hours (level 6, the first number), and resistance to water...

5. MBL v Shadforth [2016] NZIACDT 31 (16 June 2016) [pdf, 100 KB]

   ...licensed immigration advisers are dishonest, and not held to account by the Immigration Advisers Authority. It gave the complainant’s practice as an example of dishonesty, and suggested persons engaging licensed immigration advisers should take care so they do not engage dishonest advisers, which is a real risk. [4] Accordingly, the breach of confidentiality was in an aggravating context, where Ms Shadforth behaved irresponsibly and unprofessionally. [5] Imposing sanctions in a case o...

6. Auckland Standards Committee 4 v O'Boyle [2021] NZLCDT 27 (29 October 2021) [pdf, 170 KB]

   ...discussion of our findings and the context of the misconduct can be read in our 29 April 2021 decision. For the purposes of this penalty decision, a brief summary will suffice. Ms O’Boyle became over-involved in a case. Her client lost day to day care of children to an ex-partner. Ms O’Boyle sent letters respectively to the employer of the ex-partner, to the employer of the ex-partner’s partner, and to another employer (because she was unsure of the identity of the ex-partne...

7. [2016] NZEmpC 117 NZMWU Inc v AFFCO NZ Ltd [pdf, 160 KB]

   ...may be summarised as follows: a) Would any sum claimed by the second plaintiffs in respect of lost remuneration as a result of the unlawful lockout and conduct be a claim for damages, or would it be a claim for “wages” under the Wages Protection Act 1983 (WP Act)? b) Should the calculation of lost remuneration disallow any period when the employee was on a benefit (other than an unemployment benefit, now known as Job Seeker Support) or working elsewhere, either on the emp...

8. [2014] NZEmpC 64 Fox v Hereworth School Trust Board No 5 Interlocutory [pdf, 142 KB]

   ...(d) information compiled or prepared at the request of the party, or the party’s legal adviser, by any other person. (3) If the proceeding is under, or to be under, Part 2 of the Children, Young Persons, and Their Families Act 1989 or the Care of Children Act 2004 (other than a criminal proceeding under that Part or that Act), a Judge may, if satisfied that it is in the best interests of the child to do so, determine that subsection (2) does not apply in respect of an...

9. O v J [2016] NZIACDT 17 (30 March 2016) [pdf, 145 KB]

   ...professionally in accepting payment of his fee via an intermediary (the complainant’s flatmate). [6.2.3] Mr J failed to issue invoices. [6.3] Mr J breached clause 1.1(a) of the 2010 Code. The provisions required him to perform his services with due care, diligence, respect and professionalism. The circumstances were: [6.3.1] At the meeting on 15 July 2013, the complainant used his mobile telephone to record the meeting. [6.3.2] During the meeting Mr J: [6.3.2.1] Repeatedly used...

10. [2022] NZEnvC 152 Ngai Taiwhakaea v Whakatane District Council [pdf, 301 KB]

    ...possibility of settlement where compromise could have been reasonably expected; and 10 DFC NZ Ltd v Bielby [1991] 1 NZLR 587. [11] 6 (e) where a party takes a technical or unmeritorious point. The High Court in Environmental Protection Authority v BW Offshore Singapore Pte Ltd11 signalled a potential departure from the Bielby factors in favour of the High Court costs principles. However, this Court has identified concerns with the approach in BW Offshore and has a...