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1. Justice Sector Outlook December 2016 [pdf, 882 KB]

   ...is now levelling off. The use of monetary penalties is forecast to continue to decline gradually. 2 Environmental factors are mixed Crime is often associated with factors such as alcohol abuse, poor mental health, unstable employment, care and protection history, and educational under-achievement. The impact of these (often interacting) broad environmental factors is complex and impossible to quantify with any precision. In addition, not all incidents are reported to Police: t...

2. Wall v Karaitiana - Tauhara Middle 15 Trust (2008) 87 Taupo MB 107 (87 TPO 107) [pdf, 14 MB]

   ...therefore provided with some latitude in distributing trust income for Maori community purposes and in dealing with the trust land to acquire fi.111her lands where this is in the interest of the beneficiaries patiicularly; (e) the Coul1 must be carefi.tl in analyzing and applying trust law in relation to the true characteristics ofthe transaction rather than assuming it to be a typical conmlercial trust transaction. The trust decision to pm1icipate in the Hikuwai proposal has been

3. [2018] NZEnvC 139 Selwyn Quarries Ltd v Canterbury Regional Council [pdf, 4.8 MB]

   ...haste, but that has not been brought into the District Court Rules 2014, so there is a preliminary issue as to whether the court has power to recall a Minute, given that normally the court would be regarded as functus officio. Mr Maw gave full and careful submissions 011 this issue which I will outline shortly. Background [4] In January 2015 SQl applied for a suite of resource consents from the CRC under the Resource Management Act 1991 ("the Act" or "the RMA")...

4. Miller v REAA & Robinson [2013] NZREADT 14 [pdf, 84 KB]

   ...rejected that proposition and Mr Collins threatened to complain to the Real Estate Agents Authority if Edinburgh proceeded to seek the balance of the commission. In fact, Edinburgh so instructed its solicitors to proceed. [25] The appellant was carefully cross-examined on behalf of all parties. We understood that if the licensee had not left Edinburgh then the latter would have got 50 to 70 percent of the total commission of $25,000; but it has worked out that Edinburgh has receive...

5. AF v X Standards Committee LCRO 84/2014 [pdf, 279 KB]

   ...refer to determinations which constitute a final decision. 3 Above n 1 at [10]. http://www.legislation.govt.nz/act/public/2006/0001/latest/whole.html#DLM366740 6 [41] In Lydd the LCRO gave careful consideration to the construction to be placed on the term determination and noted that: 4 The Act uses the word “determination” in respect of complaints in a number of places in a quite specific way. On every occasion it is used...

6. Justice Sector Outlook December 2016 [pdf, 758 KB]

   ...is now levelling off. The use of monetary penalties is forecast to continue to decline gradually. 2 Environmental factors are mixed Crime is often associated with factors such as alcohol abuse, poor mental health, unstable employment, care and protection history, and educational under-achievement. The impact of these (often interacting) broad environmental factors is complex and impossible to quantify with any precision. In addition, not all incidents are reported to Police: t...

7. Trinder – Kopu – Mangati B2B (2024) 485 Aotea MB 55 (485 AOT 55) [pdf, 1023 KB]

   ...a residential home for her and to be able to leave the home to her children.8 In a statement dated 27 March 2024, Sandra sets out more fully her reasons: (i) The need for adequate assurance that her and her children’s life savings would be protected; (ii) If partition was not granted, her and her children’s lifesavings will not be invested into developing the Block; (iii) The Block has access to existing council services due to residential developments around the Block; (...

8. [2020] NZREADT 51 - [Appellant] v Real Estate Agents Authority (21 October 2020) [pdf, 309 KB]

   ...as it was replaced the same day by the renewal agreement; [e] Mr Kidd was not obliged to report Ms Foster’s conduct to the Authority; and 5 At paragraph 3.29. 6 See r 8.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. 7 Committee’s decision, at paragraphs 3.33 and 3.36. [f] Mr Kidd did not fail to supervise Ms Foster. [20] [The appellant] submitted that his appeal was in respect of the Committee’s findings on three key complaint...

9. Emery v REAA CAC 20002 & Anor [2014] NZREADT 33 [pdf, 75 KB]

   ...price did not reflect the pricing expectations agreed with the complainant; and this had caused distress and unfair pressure on the complainant and was in breach of Rules 9.2 and 9.6 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 which read: “9.2 A licensee must not engage in any conduct that would put a client, prospective client or customer under undue or unfair pressure. ... 9.6 An advertised price must clearly reflect the pricing expectations ag...

10. Complaints Assessment Committee (CAC 403) v Licensee B [2017] NZREADT 1 [pdf, 267 KB]

    ...“seriously incompetent or seriously negligent real estate agency work”. Work of that nature would also involve a marked and serious departure from particular standards; the standards to which s 73(b) is directed are those relating to competence and care in conducting real estate work. His Honour went on to say that:4 … If the work was not real estate agency work, but the person doing the work was a licensee, the appropriate provision for a charge would be s 73(a). [13] T...