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1. [2020] NZREADT 27 – Deng v Real Estate Agents Authority (25 June 2020) [pdf, 214 KB]

   ...investigation resulted in the finding which is the subject of the present appeal. The substantive decision [12] The Committee found that Mr Deng’s conduct was in breach of r 5.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), and constituted unsatisfactory conduct. Its reasoning was as follows: 3.1 … [Mr Deng’s] conduct in not undertaking due diligence with respect to the agency agreement already in place falls short o...

2. Han v Auckland Council [2012] NZWHT Auckland 19 [pdf, 111 KB]

   ...assessor’s report, the signed witness statements, and the documentary evidence that has been filed. [5] The issues that I need to address are: i. What were the defects which caused water ingress? ii. Did the Urlichs breach the duty of care they owed Mr Han and Mrs Woo as the developers of the property? iii. Did the claimants contribute to their loss? iv. What is the appropriate cost of the remedial work? v. What is the correct apportionment of contribution between...

3. BORA Fiordland Marine Management Bill [pdf, 286 KB]

   ...exceptional marine biodiversity and valuable marine resources. The Fiordland marine environment is also an important economic area, but one that faces an escalation in human activity. It has been determined that the marine area of Fiordland needs careful management at a local level to ensure the preservation of all resources. 16. Therefore resources must be managed for use, development and protection, with a requirement to meet the needs of future generations.5 We consider this to...

4. Te Manutukutuku issue 75 [pdf, 7.6 MB]

   ...received from the unit’s staff and Tribunal members was formative in his devel- opment as a historian, and showed him what historical research could achieve in a dynamic and collaborative environment. After leaving the Treaty sector, Keir forged a career as an academic researcher and educator. In 2017, he received a PhD from the University of Melbourne. In the last decade, he has held research and teaching positions in Australia and the United Kingdom, most recently at the Univ...

5. LCRO 31/2015 HN v TR [pdf, 153 KB]

   ...into account in this review. Ms HN’s complaints [9] Ms HN complained on behalf of herself, her sister and their mother.4 [10] The complaints were that, in sending the letter, Mr TR had breached rules 2.3 and 2.7 of the Conduct and Client Care Rules.5 She emphasised the stress the letter had caused her parents.6 3 Above n 1. 4 Letter HN to Lawyers Complaints Service (29 June 2014). Ms HN said she wrote on behalf of her siste...

6. J Ltd v PE Ltd [2024] NZDT 357 (9 March 2024) [pdf, 112 KB]

   ...counterclaims for a declaration of non-liability for the sum of $6,790.75 plus filing costs. 4. The issues to be determined are as follows: a. Does the Consumer Guarantees Act 1993 apply to this contract? b. Was the work carried out with reasonable care and skill? c. What remedy, if any, is PE Ltd entitled to under the CGA? d. Did J Ltd charge a reasonable price for the polyurethane product? e. Did J Ltd complete the work within the time contemplated by the contract, or within a r...

7. Delamere v Jiang [2017] NZIACDT 1 (17 February 2017) [pdf, 295 KB]

   ...persuade them to alter the outcome. He took two formal steps: [3.1] Lodging a request under section 61 of the Immigration Act 2009 for the discretionary issue of a visa; and [3.2] Lodging an appeal on humanitarian grounds with the Immigration and Protection Tribunal. [4] Both actions failed. [5] Ms Wang filed a complaint against Mr Jiang, which the Registrar evaluated. She exercised her statutory powers to obtain Mr Jiang’s file to assess properly what had happened. [6] Ho...

8. LCRO 104/2017 CH v SL (16 December 2019) [pdf, 167 KB]

   ...for a review of a decision by the [Area] Standards Committee [X] to take no further action on her complaint concerning the conduct of the respondent, Ms SL. [2] The complaint related to whether or not Ms SL acted competently and with reasonable care in having Mrs CH’s husband, TD, execute enduring powers of attorney. There was contention as to whether at the time he was mentally competent to do so. Background Preliminary [3] Several of the individuals to whom it is necessary...

9. COVID-19 Public Health Response Bill [pdf, 205 KB]

   ...this Bill is an unprecedented public health emergency that requires a number of exceptional powers that would be unlikely to be justified in ordinary circumstances. In this context, it remains important to scrutinise each limit on a right or freedom carefully to ensure that it is justified in the circumstances. Examination of the trigger for the availability of powers 19. As noted above, the Bill specifies that the power to make orders under cl 10 may be exercised only where an Epidemi...

10. LCRO 166/2014 RD v TS (4 August 2017) [pdf, 145 KB]

    ...and need to express our displeasure of his conduct in this occasion [12] The Standards Committee “was satisfied that the wording of the undertaking clearly set out the obligation on Mr RD”6 and referred to rule 10 of the Conduct and Client Care Rules.7 [13] The Committee was also concerned “Mr RD’s response to the complaint, in reference to the obligations of the Police officers involved, showed a lack of insight”.8 [14] It determined that Mr RD’s conduct amounted to un...