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1. 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...

2. 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...

3. [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...

4. [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...

5. [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...

6. [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...

7. [2021] NZEnvC 039 CEP Services Matauwhi Limited v Northland Regional Council [pdf, 2.3 MB]

   ...AND BETWEEN AND Decision No. [2021] NZEnvC 039 of the Resource Management Act 1991 Topic 11 Biodiversity Appeal issues under Clause 14 of the Schedule 1 of the Act CEP SERVICES MATAUWHI LTD (ENV-2019-AKL-111) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-127) MANGAWHAIHARBOUR RESTORATION SOCIETY INCORPORATED (ENV-2019-AKL-110) Appellants NORTHLAND REGIONAL COUNCIL Respondent Judge J A Smith Commissioner K Prime Commissio...

8. LCRO 161/2020 SE v GR (31 March 2021) [pdf, 305 KB]

   ...response to Ms SE’s complaint in my later analysis.10 Standards Committee decision [23] The Committee delivered its decision on 20 July 2020 and determined that Mr GR contravened r 7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) which constituted unsatisfactory conduct under s 8 Mr HM is a Licensed Private Investigator. Ms SE’s submissions (9 March 2020). 9 Mr HM, email to LCS (11 March 2020) claiming the deposit ($43,000); legal...

9. Ngati Pahauwera Report of Independent Assessor December 2015 [pdf, 1.4 MB]

   ...Part III: Statutory provisions relevant to Ngati Pahauwera’s application (a) Customary marine title, s 58 application ................................. 7 (b) Section 78 wahi tapu claim .........................................................8 (c) Protected customary rights under s 51 .....................................9 Part IV : The evidence and an agreed approach .........................................................10 Part V : Customary marine title claim under s 58 Holds the speci...

10. [2022] NZEmpC 87 H v Employment Relations Authority [pdf, 264 KB]

    ...and liquidation proceedings in relation to H and C. [14] The application is opposed by RPW. [15] H’s application relied on alleged breaches of the Lawyers and Conveyancers Act, the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 1.20 of the High Court Rules 2016, the Evidence Act 2006, and the Crimes Act 1961. The reliance on the last two statutes was not explained in the application, or H’s submissions, and they do not need to be considered an...