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1. Kennedy v Real Estate Agent Authority (CAC 403) & Lonergan [2016] NZREADT 81 [pdf, 186 KB]

   ...Agents Authority submit that it is a matter for the Tribunal to determine whether it considers the steps taken by the second respondent to leave the key hidden on the property overnight is a breach of Rule 9.55 − that a licensee must take due care to ensure the security of the house and avoid the risks of damage to customers. Discussion Principles on which this appeal must proceed 10 [32] Appeals from a refusal of the Complaints Assessment Committee to prosecute a respon...

2. [2023] NZEmpC 170 FGH v RST [pdf, 283 KB]

   ...this matter, to award the costs payment would raise an access to justice issue, and would be oppressive having regard to her financial circumstances and the fact she is now a mother in uncertain circumstances. [25] Each of these issues requires careful consideration by the Court. Legal principles [26] The Court’s power to award costs is discretionary, as set out in cl 19 of sch 3 to the Employment Relations Act 2000 (the Act). Regulation 68 of the Regulations provides that in e...

3. LCRO 196/2022 LQ and BQ v HN (2 December 2024) [pdf, 186 KB]

   ...2 Q complaint form (25 October 2021). 3 Complaint form, at step 8. 5 like our land back but of course this is not possible so we seek compensation of the proceeds of the sale being $79,120. If it is discovered that trust should have been protected from our Mother's personal debts then we would like those amounts returned to us.” [28] In subsequent correspondence with the Complaints Service,4 LQ raises the fact that Mr HN’s fees had been deducted from funds held without...

4. [2024] NZIACDT 32 - XI v Liu (16 December 2024) [pdf, 237 KB]

   ...it, uphold it but take no further action or uphold it and impose one or more sanctions.4 [25] The sanctions that may be imposed by the Tribunal are set out in the Act.5 The focus of professional disciplinary proceedings is not punishment but the protection of the public.6 [26] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ...

5. Green v EIT [2020] NZHRRT 24 [pdf, 985 KB]

   ...5. I will contact Cheri Gillett-Jackson, Disability Liaison on [telephone number and extension redacted] if there is a problem of any kind (if sessions are not helpful or if assistance is no longer needed). [Emphasis in original] [37] The need to protect the personal information of disability students in general and of Jeremy in particular is illustrated by the account given by Ms Gillett-Jackson herself of her interview with Jeremy and Mrs Green when they attended her office during the...

6. Justice Sector Outlook March 2016 [pdf, 682 KB]

   ...historic Waitangi Tribunal claims remain to be completed; as these come to an end, contemporary claims will rise, but these are expected to be less costly. • Family Court Proceedings Reform Act 2013. The Act introduced Family Dispute Resolutions for care of children cases in the Family Court. The aim is to resolve parenting matters outside of court; the result, since the Act was implemented in March 2014, is a 19% reduction in the number of Care of Children Act applications. This has r...

7. Justice Sector Outlook June 2016 [pdf, 889 KB]

   ...historic Waitangi Tribunal claims remain to be completed; as these come to an end, contemporary claims will rise, but these are expected to be less costly. • Family Court Proceedings Reform Act 2013. The Act introduced Family Dispute Resolutions for care of children cases in the Family Court. The aim is to resolve parenting matters outside of court; the result, since the Act was implemented in March 2014, is a 19% reduction in the number of Care of Children Act applications. This has r...

8. YCAP - youth offending teams guide [pdf, 14 MB]

   ...than if you are working alone. You can: • make a positive difference to youth: YOT members can break down ‘silos’ and tap into the combined knowledge, energy, innovation and problem-solving ability of other people in the community who care about youth justice. You can use that energy to inspire real and long-lasting positive change • use resources effectively: as a group, you can identify how to best use funding and other resources, and you will have more chance of inf...

9. Xu v The Real Estate Agents Authority (CAC 412) and Lim and Lynch [2018] NZREADT 63 [pdf, 293 KB]

   ...his complaint to the Agency in a proper manner. Appeal issues [11] As Mr Mortimer submitted for the Authority, the underlying principles as to licensees’ conduct (set out in the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”)) are clear, and were not contentious. A licensee must exercise skill, care, competence, and diligence (r 5.1), must act in good faith and deal fairly with all parties engaged in a transaction (r 6.2), and must...

10. HM v Accident Compensation Corporation (Personal Injury) [2024] NZACC 004 [pdf, 199 KB]

    ...how often this happens – is this an ordinary or relatively rare outcome of taking this medication? Benzodiazepines are known to be associated with an increase in suicidal ideation. While this is not common, it happens often enough in one’s career to need to be aware of it. This is borne out by the literature, with the New Zealand Health Department Medsafe data sheet describing suicidal issues as a potential adverse effect. This is seen in situations where benzodiazepines are a...