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1. NG & OG v JS [2024] NZDT 33 (18 January 2024) [pdf, 151 KB]

   ...means that, during contractual negotiations, a seller is generally under no obligation to ensure that the other party is fully informed about the transaction, and the seller need not disclose all material facts/defects about the goods. Further, the protections given by the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 to purchasers who purchase from suppliers in trade are not available to a private purchaser. However, the law of misrepresentation set out in s35(1)(a) of the Co...

2. 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...

3. Hawkes Bay Standards Committee v Beacham [2012] NZLCDT 29 [pdf, 98 KB]

   ...interest (which include “protection of the public”), to maintain professional standards, to impose sanctions on a practitioner for breach of his/her duties, and to provide scope for rehabilitation in appropriate cases. Tribunals are required to carefully consider alternatives to striking off a practitioner. If the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate response....

4. Canterbury Standards Committee v A Practitioner [2015] NZLCDT 44 [pdf, 41 KB]

   ...context he submitted that ‘fraudulent’ had a wider meaning than fraud in a criminal sense. He queried why otherwise would the word ‘criminal’ be used in the rule. He argued that narrowing the interpretation of the word would reduce the protection of the public and would undermine the purpose of the legislation as provided for in ss 3 and 4 of the Act for the maintenance of public confidence. 7 [27] The Tribunal has determined that it is not necessary to resolve the ar...

5. Auckland Standards Committee 5 v Yoo [2016] NZLCDT 35 [pdf, 100 KB]

   ...responsibility, has led to him setting matters in order and we will refer more specifically to that under the discussion of “mitigation”. [5] We record, as has been said many times, that the purposes of penalty in the disciplinary jurisdiction is to protect the public, to maintain the standards of the legal profession, to maintain the reputation of the profession and the public’s confidence in it as a result. [6] The starting point for assessing proper penalty is to consid...

6. [2025] NZREADT 43 KE v REAA (24 October 2025) [pdf, 115 KB]

   ...Estate Agents Authority (the Authority) on the ground that it was inconsequential. [2] The complaint is against BH (the licensee). It is alleged by the applicant that the licensee breached the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). BACKGROUND [3] The licensee is a licensed salesperson who works for [the agency] and did so at all relevant times. [4] The applicant contacted the licensee through TradeMe regarding a property the lice...

7. Appendix-6_Kerry-Pearce_87F-Report_Erosion-and-Sediment-Control_28-April-2023.pdf [pdf, 333 KB]

   Section 87F Report – Ōtaki to north of Levin Highway Project (Ō2NL Project) Prepared by Kerry Pearce – Erosion and Sediment Control 1 IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of applications by Waka Kotahi NZ Transport Agency (Waka Kotahi) to Manawatū-Whanganui Regional Council and Greater Wellington Regional Council for resource consents to enable the construction, operation and maintenance of new state highway, share

8. Reid v New Zealand Law Society [2023] NZLCDT 7 (24 March 2023) [pdf, 248 KB]

   ...profession. (c) The evaluation of whether an applicant meets the standard is a forward looking exercise. The Court must assess at the time of the application the risk of future misconduct or of harm to the profession. The evaluation is accordingly a protective one. Punishment for past conduct has no place. (d) The concept of a fit and proper person in s 55 involves consideration of whether the applicant is honest, trustworthy and a person of integrity. (e) When assessing past c...

9. Te Au Reka Phase 2 Court Rules Consultation Paper [pdf, 235 KB]

   ...other similar rules, will be adjusted to reflect that matters such as a delivery time or time of service will be automatically recorded when that action occurs through Te Au Reka. 2.6 Matters relating to privacy and security information Privacy protections Current requirements in primary legislation or court rules relating to privacy protections (for example, the ability of an applicant under the HDCRs to request their identity is not released, see rule 15) will be preserved in Te...

10. Slinger v Zhou [2015] NZIACDT 38 (15 April 2015) [pdf, 242 KB]

    ...before commencing work that incurred costs (clause 8(b)). [8.2] That Ms Zhou breached clauses 1.1(a) and (b) of the 2010 Code; those provisions required Ms Zhou to perform her services and carryout the lawful informed instructions of clients with due care, diligence, respect and professionalism. The particulars of the alleged breaches of those obligations were: [8.2.1] In July 2011, the applicants engaged Ms Zhou to submit an expression of interest and an application for a residence vi...