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1. LB & QB v REAA & LI [2011] NZREADT 39 [pdf, 106 KB]

   ...covenant” in a transfer which also needed to be searched to ascertain the extent of the encumbrance. We deal separately below with the state of the title to the property. The Findings of the Authority [10] The Committee of the Authority gave careful consideration to whether the facts disclosed unsatisfactory conduct in terms of s.72 of the Act, or misconduct under s.73. We set out the following portions from the “Discussion” of the Committee: “The Committee considere...

2. BORA Rugby World Cup 2011 (Empowering) Bill [pdf, 319 KB]

   ..."regulatory" offences such as those set out in the Bill. Reverse onus offences can also be justified where the offence turns on a particular matter that is peculiarly within the knowledge of the defendant. The sale and supply of liquor is carefully regulated by the Sale of Liquor Act 1989 which includes a detailed regime for licensing premises. Part 6 of the Sale of Liquor Act also requires a manager to hold a certificate, and to be on duty in a licensed premises at all time...

3. [2021] NZREADT 55 – Lammas v Real Estate Agents Authority (6 December 2021) [pdf, 340 KB]

   ...received the guide well within the time during which they could cancel the agreement. The Freears did not therefore fail to exercise skill, care, competence and diligence, despite the technical breach of r 5.2. Given the Act’s primary consumer protection purpose, the minor breaches of s 127 and r 5.2 do not automatically trigger a breach of r 5.1. There is no such presumption expressed in the rules. [89] As for r 9.11, the Freears submit that it was not applicable as no party...

4. Koppula v Zhou [2014] NZIACDT 116 (27 November 2014) [pdf, 236 KB]

   ...[9.5] Ms Zhou was personally involved with Ms Koppula’s instructions from sometime in August 2011. That arose from a telephone conversation when Ms Koppula contacted the Practice. [9.6] On 5 October 2011, Immigration New Zealand wrote to Ms Koppula care of Richard Martin Immigration Ltd., inviting her to apply for residence. Ms Zhou was aware of this letter and communicated with Ms Koppula about it at that time. [9.7] Ms Koppula provided the necessary information to Mr Martin, so he c...

5. Cooper v Wellington City Council [pdf, 237 KB]

   ...Service (“WHRS”) under the Weathertight Homes Resolution Services Act 2002 (the Act) in respect of their property at 18 Crawford Green, Miramar, Wellington. 1.2 An assessor’s report dated 22 December 2004 was provided by Don Frame of House Care Ltd (“Assessor’s report”) pursuant to s10 of the WHRS Act. 1.3 The claim was accepted pursuant to s7 of the WHRS Act. 1.4 The Claimant on 29 March 2005 made application pursuant to s26 of the Act for the matter to be refer...

6. BORA Privacy (Cross-Border Information) Amendment Bill [pdf, 191 KB]

   ...important objective and is proportionate to that objective. [1] 7. Here, the objective of the provision is stated in the explanatory note as: "to ensure foreign personal data cannot be sent, via New Zealand, to jurisdictions without adequate privacy protection. These amendments will enable New Zealanders and New Zealand companies to assure their trade partners that New Zealand law will ensure their privacy is protected." 8. The Bill also makes it clear in proposed s 114B(2)(...

7. BORA Maraeroa A and B Blocks Claims Settlement Bill [pdf, 277 KB]

   ...defined in the Bill [1]. The Bill transfers to the descendants of the original owners of Maraeroa A and B blocks various items of cultural and commercial redress, including the vesting of property and right of first refusal over the purchase of certain protected land. It provides claimants with rights in respect of culturally significant matters, including statutory acknowledgements; overlay classifications with associated protection principles and rights of consultation; geographic name c...

8. Auckland Standards Committee 5 v Moody [2016] NZLCDT 23 [pdf, 33 KB]

   ...inspection of the file is to be subject to the approval of the Chair. The decision itself omits reference to such matters and therefore may be published in full. Medical Evidence [11] Dr Casey is a consultant psychiatrist specialising in old age care and is a practitioner of considerable experience. Dr Casey had examined Mr Moody in October 2014, twice in late 2015 and twice in early 2016. She diagnosed him as suffering from frontotemporal dementia. Dr Casey’s evidence is th...

9. Waikato Bay of Plenty Standards Committee 2 v Mr M [2016] NZLCDT 34 [pdf, 42 KB]

   ...was imposed. [7] It is accepted by the Standards Committee Mr M, who is an older practitioner is no longer in practice and has indicated that he will not seek a practising certificate again. [8] In this sense, there is no question about direct protection of the public, it is a more indirect protection in the sense of the public being able to perceive the proper upholding of professional standards in the Tribunal’s response. [9] The Standards Committee also point to the lack of i...

10. [2022] NZEmpC 126 Henderson Travels Ltd v Kaur [pdf, 194 KB]

    ...there is a reason to believe a plaintiff will be unable to pay the defendant’s costs if the plaintiff’s claim fails.5 [19] The discretion is broad but must be exercised in the interests of justice. The interests of both parties need to be carefully weighed up. The required balancing exercise in weighing up those interests was summarised by the Court of Appeal in McLachlan v MEL Network Ltd:6 [15] The rule itself contemplates an order for security where the plaintiff will...