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1. [2021] NZREADT 27 Harvey v Lowe (10 June 2021) [pdf, 388 KB]

   ...give them a reasonable opportunity to obtain that advice before they signed the agency agreement; [c] did not follow their instructions and misrepresented to the Crowes the Lowes’ plans for building on No 26; [d] misled the Crowes by not informing them that Mr S’s interest in No 28 had ended before they made an offer on that property; and [e] disclosed information that was confidential to them in the affidavit filed in the High Court proceedings issued by the Lowes. The Comm...

2. Rec-Recap-2024-Q1-FINAL.pdf [pdf, 873 KB]

   ...Recommendations Recap A summary of coronial recommendations and comments made between 1 January and 31 March 2024 Office of the Chief Coroner | 2024 (1) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a death, a Coroner ma...

3. Ruka - Rangihamama X3A and Omapere Taraire E (2008) 123 Whangarei MB 137 (123 WH 137) [pdf, 4 MB]

   ...31 and 244, Te Ture Whenua Maori Act 1993 IN-THE MA TIER OF Rangihamama-K-3A-and Omapere Taraire EF---- Hearing: Judgment: IntJ·oduction 16 January 2008 (Heard at Kaikohe) 10 March 2008 SONNYRUKA PATSY ALBERT TE AROHA REIHANA-RUKA Applicants RESERVED JUDGMENT OF JUDGE D J AMBLER [1] This is a continuation of the two applications before the Court, being the application by Mr Ruka and Mrs Albert for review and enforcement of obligations of the trustees of the Omapere Ra...

4. [2020] NZREADT 42 - Stone v The Real Estate Agents Authority (14 September 2020) [pdf, 356 KB]

   ...evidence not inherently incredible which, if we were to accept it as accurate, would establish each essential element in the alleged offending conduct [47] The test of whether there was a prima facie case would seem to be similar to that which is applicable to that which the court applies when considering if there is a case to answer. In that context, Adams on Criminal Law describes the position as follows: The test to be applied by a judge on a submission of no case to answer was...

5. Regulatory Impact Statement: Amendments to the Sentencing Act 2002 [pdf, 1 MB]

   ...of trauma and abuse in the backgrounds of young offenders, is a logical mitigation at each and every sentencing. With regard to remorse, judges already take into account prior offending as an aggravating factor at sentencing. Preventing its repeat application may only serve to disincentivise offenders from taking steps to engage with the harm they have caused, including through restorative justice, which can be of great benefit to victims. Regulatory Impact Statement | 3 F...

6. Piontecki v REAA & Davies [2014] NZREADT 61 [pdf, 71 KB]

   ...about the potential roading development in the area. She also spoke with her manager at the Hamilton office, Stephen Shale, about what she could do to ensure that prospective purchaser of properties within or near the area of investigation were informed of the issue. Mr Shale and Ms Davies agreed that she should explain the area under investigation and give prospective purchasers A3 colour copies of the map and information sheet from the NZTA website. [15] Ms Davies kept several spare...

7. [2018] NZEmpC 69 A Labour Inspector v Sampan Restaurant Ltd [pdf, 343 KB]

   ...(the Authority) of two questions of law. The reference is made pursuant to s 177 of the Employment Relations Act 2000 (the Act). In this judgment, the parties are referred to as plaintiff and defendants. In the Authority proceedings, they are applicant and respondents. [2] For the purposes of the reference, a summary of the appropriate material facts is contained in the Authority’s referral and is set out as follows: [2] The Labour Inspector (Ms Wendy Higgins) seeks the im...

8. [2021] NZREADT 21 - Kemp & Scoble (5 May 2021) [pdf, 268 KB]

   ...[40]. 5 At [53]. 6 At [42]–[43]. 7 At [26]. 8 At [29]. Committee’s submission that the recommendation to obtain a building report fell well short of what was required under the Rules.9 [17] The Tribunal rejected the defendants’ claim that r 10.7 only obliged them to disclose defects if they had actual knowledge of an actual defect and concluded that their decision that they did not need to disclose the party wall issue was a serious departure from acceptable stand...

9. Annexure 4 - Water Quality [pdf, 244 KB]

   ...19 State and Trends Report at [123]. 20 State and Trends Report at [15.2]. 11 Other Evidence [39] As one the witnesses who gave evidence on water quality, Dr D Olsen for OWRUG was critical of the water quality analysis in the Skelton Report claiming this to be fragmentary and in some cases inaccurate.21 He did not comment, however, in his written evidence on either the State of Lake and River Water Quality in the Otago Region report or the State and Trends Report as they had n...

10. [2013] NZEmpC 89 NZ Dairy Workers Union Inc v Fonterra Brands (NZ) Ltd [pdf, 105 KB]

    ...to all employees within the affected workgroup(s). (b) The proposal must show/detail: i. The workgroups covered by the proposal ii. Hours of work, inclusive of start and finish times iii. Smoko and meal time intervals iv. All payments applicable within this agreement (c) Adequate time will be made for employees and the union to consult on this proposal. (d) The Union will conduct a ballot, as per Union Rules, with the affected workgroup on the basis that a proposal will...