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1. 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...

2. 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...

3. [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...

4. 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...

5. [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...

6. [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...

7. [2021] NZEnvC 189 Bridesdale Farm Developments Ltd v Queenstown Lakes District Council [pdf, 3.6 MB]

   ...QLDC's planning witness, Mr Langman. However, counsel's closing submissions sought further changes to this modified relief. [19] One set of changes was proposed in response to concerns raised by Mr Langman that the LDSR zone is not designed to protect ONF /L landscape values (by contrast to the Rural zone). On that matter, BFDL's planning witness, Mr Jeffrey Brown, responded by proposing: 12 II 12 (a) a new Pol 7.2.1.7 as follows: Ensure that development and associated...

8. [2022] NZEmpC 77 Courage v Attorney-General [pdf, 422 KB]

   ...dangerous and yeah it needs – I think the big point around this is that there – with this environment these people have got rights and they need protecting and that’s what hasn’t happened and that’s what this is all about. It’s providing the protection to the individuals that they need because if every employer was good, if every employment situation was good, you wouldn’t need employment laws to protect employees and that’s why we’re here today. [69] As Peter Righteo...

9. [2023] NZEnvC 190 Donaldson v Queenstown Lakes District Council [pdf, 913 KB]

   ...Shepherd EIC, at [2]. 36 Edwards EIC, at [2]. 28 was not made aware, when they purchased some six years ago, that there was any likelihood the Site would be developed there. Indeed, they purchased for the “high level of amenity value and the protection and security afforded by living within the Millbrook precinct”. He has similar concerns about Ishii Lane becoming a through lane taking significant extra traffic.37 [81] On behalf of the Millbrook Residents Group, concern...

10. Waikato Bay of Plenty Standards Committee 1 v Campion [2019] NZLCDT 20 [pdf, 582 KB]

    ...the solicitor of the estate is properly regarded as “work that is incidental” to the other established classes of legal work set out in s 6 of the Act.” [74] The LCRO noted (paragraph [29]) that one of the central purposes of the Act was to protect consumers of legal services and conveyancing services. As a result the LCRO considered that it was appropriate to interpret the Act in a way which was consistent with the protection of consumers of legal services. [75] The LCRO co...