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1. Notes from Crown Maori Relations hui Taupo 20 May 2018 [pdf, 440 KB]

   ...commercial use of whenua. • Treaty settlement issues – A couple of Treaty settlement issues were raised which the speakers asked to be addressed. One speaker indicated that there needs to be a ‘tikanga process’ to sort out overlapping claims issues. A couple of speakers noted the unfairness of property valuations undertaken by the Crown in terms of making the properties available under a Right of First Refusal (RFR). They indicated that the property valuation should take acco...

2. The Real Estate Agents Authority (CAC 413) v Taylor [2018] NZREADT 59 [pdf, 167 KB]

   ...commission as it was described, of $10,000. She received these payments without any need to carry out the general obligations incumbent upon a real estate agent. She did not need to market the properties for sale. She had only to draw up the form of agreement between the parties and arrange for its execution. [4] The basis upon which the case was presented to the Tribunal was that the transactions that the Licensee was involved in had all the hallmarks of, and in substance were,...

3. CVA Media Release support available for victims during lockdown [pdf, 184 KB]

   ...social services with national help lines available to talk to you, as well as offer practical support and access to safe, emergency accommodation if you need it. “Leaving your home to get yourself and/or others to safety is considered an essential form of travel and you will not be in breach of the level 4 restrictions if you leave your neighbourhood for these reasons. “Sometimes it is unsafe for you to reach out for help while you are in the same space as the person who is hurting...

4. VAN DER PASCH Willem Lambertus (CSU 2011 HAM 000424) [pdf, 215 KB]

   ...to negotiate. [55] On the day the weather conditions were dry and there was nothing in the environment that would have contributed to Mr Van Der Pasch’s death. [56] On one side of the race there is a fence line. Mr Neal in his evidence claimed there were two loose and out of positioned poles. He was suggesting that it is most likely the quad bike has veered off to the left which is confirmed by the tracks surveyed by the Serious Crash Unit. The bike has most likely hit two...

5. S v Xue [2015] NZIACDT 58 (15 May 2015) [pdf, 188 KB]

   ...practitioner is an important factor when appropriate (B v B HC Auckland HC4/92, 6 April 1993). In Patel v The Dentists Disciplinary Tribunal HC AK AP 77/02 8 October 2002 at [30]-[31], the Court stressed, when imposing sanctions in the disciplinary process applicable to that case, that it was necessary to consider the “alternatives available short of removal and explain why lesser options have not been adopted in the circumstances of the case”. [24] In the present case, Ms Xue has ta...

6. Community Law Centre client survey – report on findings [pdf, 926 KB]

   ...‹#› Expectations of service Most clients want a CLC to provide information or basic support ▪ Most clients said they were looking for ‘information only’ (46% of clients) or ‘information and basic support – such as help filling in forms or suggestions about contacting other people involved’ (23% of clients). Clients with welfare benefit, ACC grant, or student loan problems seek greater intervention from the CLC ▪ Other clients are looking for more intervention...

7. LCRO 109/2015 RKX v SDC [pdf, 386 KB]

   LCRO 109/2015 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee BETWEEN RKX Applicant AND SDC Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr SDC made a complaint concerning the conduct of Mr RKX in respect of which the [Area] Standards Com...

8. [2010] NZEmpC 2 National Distribution Union Inc v Capital and Coast District Health Board [pdf, 37 KB]

   ...it will be unnecessary to alter the wording of a new collective agreement settled subsequently. [6] This 2007 settlement agreement was expressed in the following words: 3) Annual Leave: Clause 10.2.2 It is agreed that to resolve the employer claim to remove the existing section 10.2.2. (“additional week” of annual leave – to avoid any possibility from the employer point of view that it might be seen to provide a total of 5 rather than 4 weeks leave) the section will remain in t...

9. CAC20003 v Cooper [2013] NZREADT 11 [pdf, 59 KB]

   ...[11] In CAC v Ross [2012] NZREADT 4 a client mistakenly paid deposit funds of $6,164 into the defendant salesperson’s personal bank account. The defendant retained part of these funds, transferring only $3,780.67 to the trust account of his former employing agent. The defendant retained the funds on the grounds that he was owed commission in respect of the relevant transaction. We held (at [24]: “The penalty imposed by us must have a deterrent element in order to emphasise, both

10. [2018] NZSSAA 49 (4 October 2018) [pdf, 234 KB]

    ...the appellant has not challenged the Ministry’s ability to recover this overpayment if his appeal fails. Relevant legislation [4] Section 70 of Social Security Act 1964 (the Act) provides that where an overseas pension is a payment which forms part of a programme providing pensions for any one of the contingencies for which pensions may be paid under NZS, and is administered by or on behalf of the Government of the overseas country from which the benefit is received, the overs...