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1. LCRO 382/2013 SC v JT (30 June 2017) [pdf, 193 KB]

   ...determination, has been to: (a) Consider all of the available material afresh, including the Committee’s decision; and (b) Provide an independent opinion based on those materials. Analysis [24] Mr KL filed written submissions at hearing, and carefully took me through each of the submissions. [25] Before addressing those submissions, I turn briefly to aspects of the Committee decision, and the conduct rules engaged by this review. [26] Careful reading of that decision give...

2. Moko Sayviah RANGITOHERIRI (CSU-2015-ROT-000302) [pdf, 2 MB]

   ...graphic detail a wide range of injuries that this three-year-old boy suffered. The injuries are horrific, the child has suffered considerably and eventually the child has died as a result of the injuries received. (b) A man and a woman acting as caregivers were charged with very serious crimes for ill­ treating this child including murder. They have now pleaded guilty to manslaughter and ill-treating a child. They have been remanded in custody and will appear for sentencing on June 27...

3. UY v Bunbury LCRO 17 / 2012 (4 March 2013) [pdf, 147 KB]

   ...including a share sale and purchase agreement together with his resignation as a director and other incidental documents. All documents had been prepared by Dr Bunbury. Mr UY did not sign these as he was concerned that they did not adequately protect his position or provide appropriate indemnities from Messrs VC and UZ. [15] Early in the new year, Mr VC withdrew from negotiations and Mr UZ proposed that Mr VB would then take over the company. By that stage, Mr UZ had informed Mr...

4. Hay v Dodds [pdf, 235 KB]

   ...at the roof parapets. In his view the vertical end faces of all parapets abutting roofs needed to be flashed with galvanised steel folded flashings, and the cut ends of the roofing needed to be folded to discharge water, with over-flashings to protect the adjacent surfaces. 5.4.2 The WHRS Assessor visited the property after the remedial work had been completed. He reviewed the photographs that had been taken by the Owners and all the relevant documentations. In his view ther...

5. E80 Karen Wilson - EIC - Te Ākitai Waiohua [pdf, 921 KB]

   ...1 Marsden, Rev M and Henare, Te A “Kaitiakitanga, A Definitive Introduction to the Holistic World View of the Māori” (paper presented, November 1992). 2392 TU-447097-3-1335-V4:TKB 5 informs sustainable management, the protection of natural resources and careful monitoring and safeguarding of the environment. 30. Te Ākitai Waiohua welcomes any opportunity to exercise their right to act as kaitiaki and to facilitate sustainable development. 31. In the con...

6. IB v QY LCRO 242 / 2010 (10 February 2012) [pdf, 86 KB]

   ...have been affected or influenced by that 3 allegation. It was said that the Practitioner ‘took a position’ in relation to the advice he gave, and that his representation of his clients was, or could have been, affected by concerns to protect the interests of the firm. Standards Committee enquiry [11] The New Zealand Law Society investigated the complaints and its decision sets out the background in some detail which I have considered necessary to restate here. It...

7. [2020] NZREADT 29 – Molloy v Real Estate Agents Authority (9 July 2020) [pdf, 208 KB]

   ...Mr Pallatt into signing the unconditional offer for the property; [b] failed to give Mr Pallatt the opportunity to take independent legal advice before signing the unconditional offer; [c] failed to insert clauses into the unconditional offer to protect Mr Pallatt’s interests; and [d] failed to follow the Agency’s policies and procedures in relation to the transaction. [14] On 15 March 2019, the Committee decided to inquire into the complaint. Pursuant to s 78(b) of th...

8. [2023] NZREADT 10 – Complaints Assessment Committee 2103 v Sharma (8 May 2023) [pdf, 218 KB]

   ...thinks fit. [8] There are additional requirements in s 110 regarding compensation orders. [9] In determining the appropriate penalty, it is relevant to note the purpose of the Act: 3 Purpose of Act (1) The purpose of this Act is to promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work. (2) The Act achieves its purpose by— (a) regulating agents, branch...

9. [2012] NZEmpC 86 Lend Lease Infrastructure Services (NZ) Ltd v Recreational Services Ltd [pdf, 147 KB]

   ...Cleaning Unit. [30] Employees are liable to disciplinary action, and the plaintiff may suffer adverse contractual consequences, if the Specifications are not met. Statutory scheme [31] Part 6A of the Act provides a framework of employment protection for employees where their employer proposes to restructure its business and the same or similar work is undertaken by a new employer. The provisions of Part 6A divide employees into two categories: specified employees as listed in...

10. [2020] NZEnvC 013 Edens v Thames Coromandel District Council [pdf, 23 MB]

    ...PROPERTY LIMITED (ENV-2016-AKL-116) FEDERATED FARMERS OF NEW ZEALAND INCORPORATED (ENV-2016-AKL-119) TAIRUA ENVIRONMENT SOCIETY INCORPORATED (ENV-2016-AKL-131) PIETER DIRK SIELING & KJ SIELING (ENV-2016-AKL-137) ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-AKL-143) ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-AKL-147) Appellants THAMES-COROMANDEL COUNCIL Respondent DISTRICT 2 Court: Hearing: Appearance...