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1. AFT v Tower Insurance Ltd [2022] CEIT-2022-0001 [pdf, 271 KB]

   ...daughter, on behalf of the Trust. [4] The Trust owns the residential property at XXXXX, Christchurch (the Property) where MA and GA lived. The house on that Property was insured by Tower Insurance Limited (Tower) under a Provider House Policy Maxi Protection (the Policy) against sudden and unforeseen 2 accidental physical loss or damage. Under the Policy, Tower is to arrange for the repair, replacement or payment for the loss, once the claim has been accepted.1 [5] The house...

2. [2020] NZEmpC 208 Wei v Sunlight JMB Future Ltd [pdf, 255 KB]

   ...Regulations 2000, reg 6(2)(a)(i)–(ii). a future costs order. Before making an order, the Court must be satisfied that it would be just to do so, especially where that may have the effect of preventing the plaintiff from pursuing the claim. Careful consideration is required in balancing the right of the plaintiff to have access to the Court against the interests of the defendant.11 [34] Mr Fleming acknowledged that Mr Wei’s financial position is not known to Sunlight,...

3. AL v ZO LCRO 24 / 2010 (27 August 2010) [pdf, 100 KB]

   ...conflict „event‟ (discovery of the access problem) arose about 10 days prior to the scheduled settlement. The Practitioner ought then to have recognised that a conflict existed, and taken steps to ensure that the interests of both parties were protected. There was sufficient time to have arranged for the parties to have obtained independent legal advice as to their positions, and to have reached a basis for settlement. [23] There is no evidence to indicate that the Practitio...

4. OWRUG - EiC - J M H Manson (5 Feb 2021) [pdf, 137 KB]

   ...impact of careless agriculture on water quality and aquatic life, we highlighted the interest and views held by other people in the community and looked for solutions that provided reliability of irrigation supply alongside the importance of protecting the environment within which we all live and operate. 5 PP-1035600-2-292-V1 17. MCWSG wrote newsletters, held woolshed and pod meetings, arranged information visits to farms in other catchments, we hosted professional sp...

5. CAC 10054 v Subritzky [2012] NZREADT 19 [pdf, 129 KB]

   ...messages originated from my phone, in no way am I admitting that I am the author of those text messages. I would also like you to take into account when considering my case: a. My unblemished record to date within the real estate industry, a career spanning nearly a decade and hundreds of vendors and buyers, something that I could not accomplish especially over the last few difficult years if I acted unprofessionally in any manner.” The Evidence [6] The complainant, Mr Ste...

6. [2011] NZEmpC 73 Snowdon v Radio New Zealand Ltd [pdf, 143 KB]

   ...allegations: where fraud is alleged, there must be clear and sufficient evidence to support it, see for example Carter Holt Harvey Ltd v Commerce Commission. 5 He submitted that this is also recognised in r 13.8 of the Rules of Conduct and Client Care 2008, which provides: Reputation of other parties 13.8 A lawyer engaged in litigation must not attack a person's reputation without good cause in court or in documents filed in court proceedings. 13.8.1 A lawyer must not...

7. CAC 401 v Black & Wong [2016] NZREADT 42 [pdf, 149 KB]

   ...in which he said (inter alia): “You have both chosen as current licensees to take a course of action against the salesperson currently employed by Pakuranga and Howick Reality for some form of damages. Please consider your actions extremely carefully. I have recommended to you both that as there is no basis for a claim and that you drop any claim you have considered. You have advised me through conversation that you will take your claim through Real Estate Agents Authority.�...

8. Cycle-5-A5-v1.0-FINAL.pdf [pdf, 1 MB]

   ...outbreak. Cycle 5Cycle 4Cycle 3Cycle 2Cycle 1 12% 14% 15% 8% 30% Adults who identify as Chinese felt less safe in Cycle 5 with almost a third rating their feeling of safety between 0 and 6 out of 10 17 Notes 18 Disclaimer 1. While all care and diligence has been taken in processing, analysing, and extracting data and information for this publication, the Ministry of Justice gives no warranty that it is error free and will not be liable for any loss or damage suffered b...

9. LCRO 91/2020 LS v DV (29 July 2020) [pdf, 178 KB]

   ...He says: …The complaint consists of a narrative of facts as understood by the complainants, but there are no particulars of what I, as the lawyer complained against, have done that is believed to be contrary to the Rules of Conduct and Client Care. I did not act for the complainants nor did I act for the party they have said they represent. I represented a company that purchased a mortgage from [Solicitor’s 3 Nominee Company]. At no stage during the transactions did I have a...

10. Mr G v REAA Registrar [2013] NZREADT 15 [pdf, 66 KB]

    ...the judgment of the Court is made in the interests of the community, having regard for the profession. This principle is equally applicable to licensing decisions under the Act. The purpose of the consumer-focussed Act is to: “promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.” (refer s.3 of the Act). For consumers, real estate transactions are o...