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1. [2019] NZEnvC 056 Mackenzie District Council [pdf, 7.3 MB]

   ...Act.'9 Indeed, under this construction, Simons Pass would be permitted to change the natural environment while the Regional Council's decision to grant the water permit was still under appeal. 20 Pending the determination of the appeals, the protection afforded the ONL, and more generally the natural '4 That is, the water permit had not lapsed. '5 Decision A118/2006, Auckland , 28 August 2006 at [7]. '6 Decision C208/2001, Christchurch, 21 November 2001 at [...

2. ENVC Hearing 6Oct14 DM expert David Serjeant [pdf, 307 KB]

   ...between the urban sphere of influence and the coastal/natural sphere of influence, which means that resource management decisions here have a gulf-wide significance. I consider that the following provisions in section 8 are relevant. “(b) the protection and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments: (e) the maintenance and, where appropriate, the enhancement of the contribution of the nat...

3. Cutforth v Witana - Kohewhata 27C2A (2023) 259 Taitokerau MB 111 (259 TTK 111) [pdf, 364 KB]

   ...update on whether Ms Witana has provided the information required to renew the Trustee liability insurance. If she hasn’t, I put Ms Witana on notice that at the hearing I will consider whether I should remove Ms Witana as a trustee in order to protect the position of the trust and the other trustees. [59] Mr Burley confirmed that he could attend. Mr Hovell emailed the Registrar stating: (a) Ms Witana was unwell and could not attend; (b) It appeared I had not considered Mr Hovell...

4. [2014] NZEmpC 97 S v L Ltd [pdf, 129 KB]

   ...given by witnesses for the company. [32] Analysis of those requirements begins with L Limited’s letter of 14 January 2013, in which it sought S’s agreement to keep it informed of relevant developments. These conditions which S accepted were carefully worded to allow L Limited to deal with the actual and potential consequences to it of the charges against S. They were arguably of minimal intrusion. Contrary to S’s pleaded assertion, they were not for the purpose of allowin...

5. Brokenshaw - Te Kaha B6X2 (2003) 81 Ōpōtiki MB 18 (81 OPO 18) [pdf, 891 KB]

   ...the issues before the Court. On the 12th of April 2002, I directed that these documents be circulated to Mr Peterson. Then an affidavit from Caroline was filed in April 2002 without the advice of counsel. The Court was told that prior to Valerie caring for her father, her sister Donna Honecombe had looked after her stepfather and her mother. Donna stayed at the house until some time after her mother died. Valerie Ottoway came 4-5 months later. She also responded to a number of allegat...

6. Boyce and Bates v The Real Estate Agents Authority [2017] NZREADT 40 [pdf, 151 KB]

   ...purchaser from the lack of disclosure. The Committee referred to the Tribunal’s statement in its decision in Wright v Complaints Assessment Committee 10056 that the emphasis in r 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) is that licensees must ensure that they are open and honest with a purchaser so that they are not misled in their decision to make an offer to purchase a property.7 We set out the following reasoning from...

7. [2020] NZREADT 28 – Daji v Real Estate Agents Authority (25 June 2020) [pdf, 226 KB]

   ...directly with the vendor despite being advised of the existence of the sole agency agreement which did not expire until 13 September 2018. This decision was also made with reference to the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). [19] The Committee then expressed its conclusion differently:3 On the complaint against the Licensee that she has circumvented the sole agency agreement with [Harcourts] by engaging directly with the vendor d...

8. LCRO 36/2020 SW v LN (4 October 2021) [pdf, 172 KB]

   ...with what the parties were advised in the Case Manager’s letter dated 7 September 2020, I infer that Mr LN is content for Mr SW’s review application to be dealt with on the papers. [42] On the basis of the information available, which I have carefully considered, I have concluded that the review may be adequately determined on the papers and in the absence of the parties. [43] I record that I have carefully read the complaint, the Committee’s decision and the submissions fil...

9. [2023] NZIACDT 26 - BL v Registrar (10 October 2023) [pdf, 241 KB]

   ...attaching a copy of her “Authority & Instructions Terms Of Engagement & Client Care Rules”, for the appellant’s “immigration case” and a s 61 request if required. The appellant was advised she could also appeal to the Immigration and Protection Tribunal within 42 days of receiving the decline letter. [18] In a further email on the same day (at 12:00 pm), the adviser stated that the initial consultation had consisted of an assessment of the appellant’s situatio...

10. [2025] NZREADT 21 – BS & QS v Upton (16 June 2025) [pdf, 270 KB]

    ...Representing to the purchaser in advertising material and in-person that services (power, water and phone) were provided to the boundary or driveway of the section, in breach of rr 5.1 and 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules).3 2 Complaint No: C44708 Decision finding of unsatisfactory conduct (26 April 2023); BoD at 506– 514. 3 Rule 5.1: A licensee must exercise skill, care, competence, and diligence at all times when ca...