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1. E14 Phillip Ware - Contaminated Land and Groundwater - EIC - Applicant [pdf, 8.7 MB]

   ...Australasian Land and Groundwater Association. I operate as a Suitably Qualified and Experienced Practitioner (SQEP) as required under the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011. I have seventeen years’ experience working as an environmental consultant. Through the majority of my environmental science career in New Zealand, Australia, the United Kingdom and Europe, I have s...

2. [2019] NZEnvC 136 Federated Farmers of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 9.5 MB]

   ...the Act that are particularly relevant to our decision on the most appropriate nitrogen allocation method to be used in PC10. (a) Section 6 - Matters of national importance (a) the preservation of the natural character of ... lakes ... and the protection of them from inappropriate ... use ... (e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga (b) Section 7 - Other matters (a) kaitiakitanga; (aa)...

3. [2023] NZEnvC 056 Waikanae Land Company Limited v Heritage New Zealand Pouhere Taonga [pdf, 397 KB]

   ...2022. It includes a proposal to list the site that is the subject of these proceedings (and an area of land around the site) as a new wahi tapu area. Council has included this in PC2 as a new qualifying matter. 5. The new wahi tapu listing ostensibly protects historic heritage, and therefore has immediate legal effect for the purposes of \X/LC's consent application. It does not change the activity status of \X/LC's proposal, but it triggers the application of additional policie...

4. Brill v Real Estate Agents Authority (CAC 409) & Ors [2017] NZREADT 28 [pdf, 237 KB]

   ...respondents made a complaint to the Real Estate Agents Authority . The Committee’s substantive decision [5] The Committee’s findings are set out below. Non-compliance with r 10.6 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) [6] The Committee found that the appellant had not fully complied with r 10.6, regarding information he was required to provide to the second respondents, in writing, before they signed the agency agree...

5. Jones v Waitemata District Health Board [2014] NZHRRT 52 [pdf, 84 KB]

   ...virtually contemporaneously with the telephone call from the daughter. In these circumstances we accept her note is an accurate record of what she was told by the daughter on 4 February 2011. [31] In relation to Mr Rayment, he too impressed as a careful and conscientious medical professional who similarly understands the need for clinical notes to full and accurate. He also made his note almost immediately after his brief interaction with Mr Jones. Mr Jones made no contemporaneous no...

6. AS v ZF LCRO 59 / 2010 (14 March 2011) [pdf, 142 KB]

   ...Committee‟s determination records the circumstances in which the client‟s funds were received by the Practitioner and paid into his office account. [56] The reason provided by the Practitioner for this was that Mr AT required his fees to be protected. As Mr AT was engaged in Fiji at the time, he was unable to advise who his instructing solicitor would be. [57] In paragraph 3.2 of the letter accompanying the application for review, the Practitioner suggests that a barrister‟s...

7. [2020] NZREADT 49 - Hammond v The Real Estate Agents Authority (12 October 2020) [pdf, 255 KB]

   ...the cladding issue related to further EQC work required to be completed. [6] The Tribunal found that Ms Tafilipepe’s advertising was misleading, and therefore a breach of r 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). The Tribunal accepted that the 1 Hammond v Real Estate Agents Authority (CAC 520) [2020] NZREADT 34. misrepresentation was not deliberate, as Ms Tafili...

8. Barriball v Schimanski - Otaraoa-B2E Block (2021) 431 Aotea MB 256 (431 AOT 256) [pdf, 287 KB]

   ...account. The trustees agreed that such loans could not be repeated and that a new process made sure that payments must be approved by trustees before being paid by the accountants. The trustees also recognised the need for a policy regarding fraud protection and would seek help from the accountants to establish an appropriate policy. They would also seek help from the accountants with their fraud responsibilities and processes for reviewing all systems on a regular basis. It was a...

9. TSO v Essina [2020] NZIACDT 2 (16 January 2020) [pdf, 117 KB]

   ...sought her explanation. [39] Ms Essina sent a text message to the complainant on 19 October 2017 (verbatim): Hello [the complainant’s name], how are you? I wonder, how much your complaint worth to you? I am about to pay a lawyer the money to protect me…but I would rather pay it to you, if you withdraw your complaint. Are you interested to talk about it? Explanation to Authority from Ms Essina [40] A barrister, Mr Y Lukas, wrote to the Authority on 13 November 2017. He r...

10. Vining Realty Group Limited v The Real Estate Agents Authority (CAC 408) [2017] NZREADT 57 [pdf, 209 KB]

    ...become aware that Mr Reed had bought his client vendors’ property until they complained to the Authority. [13] Mr Reed was found to have breached ss 134 and 135 of the Act, and r 9.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the 4 Sections 134 and 135 of the Act places restrictions on licensees’ acquisition of a client’s land and sets out a process that must be followed. Rules”)...