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1. Herman, Wang, Howatt, Li, Thornhill, Gilchrist, Barnao, Watson v CAC10100 & Jackman [2012] NZREADT 60 [pdf, 105 KB]

   ...a customer or client will nevertheless usually be guilty of unsatisfactory conduct under the Act subject to the “mere conduit” principles discussed below. This is consistent with the purpose of the Act to promote and protect the interests of consumers in respect of transactions which relate to real estate and to promote public confidence in the performance of real estate agency work. It is also consistent with applicable principles under the Fair Trading Act 1986. Fair Trading Ac...

2. Clarken v Carling [pdf, 138 KB]

   ...the butyl rubber gutter linings or that the butyl rubber upstands are inadequate at any point in the gutter construction and it would seem to me that if water was penetrating the dwelling because it overflowed the gutter, evidence of same and consequential damage would be reasonably apparent along the entire length of the parapets; it is not, and that much was obvious from Mr Probett’s photos (PIC 002,003,004) and from the site visit. I am satisfied that the evidence discloses t...

3. Schiller-Cooper v Lozano [2013] NZIACDT 1 (08 January 2013) [pdf, 233 KB]

   ...competence, application of skill, honesty, disclosure and propriety are shared by a wide range of professionals. Immigration advisers have much in common with other professionals. Section 3 of the Act affirms it is intended to protect the interests of consumers receiving immigration advice, which corresponds to the 10 duties other professionals have to the public engaging their services. The issue is properly understood under the Act as whether there has been a breach of d...

4. TR v NI LCRO 109 / 2011 (21 February 2013) [pdf, 199 KB]

   ...claim was well-founded and could be supported. [76] Following receipt of the plaintiff’s briefs of evidence, CCL responded with observations as to what they considered were weaknesses in TR and TS’s claim. These included: The claim for consequential loss was speculative and no valuation evidence had been adduced. The details of the proposed amendment to the Statement of Claim would not assist the plaintiffs and any additional costs incurred by them by reason of changes to...

5. LCRO 28/2017 HK v TX (31 May 2019) [pdf, 205 KB]

   ...itself constitute a sufficient and adequate penalty, without need for more. [156] I am satisfied that Mr TX’s conduct was unsatisfactory in terms of ss 12(b) and 12(c) of the Act. [157] Section 156 of the Act provides for a power to make orders consequential on an unsatisfactory conduct finding, some of which are punitive, others remedial, restorative or financial, following a determination under s 152(2)(b) that there has been unsatisfactory conduct on the part of a practitione...

6. Teina Pora compensation claim quantum report [pdf, 9 MB]

   ...Guidelines at para 5. 5 Pecuniary losses (a) loss of livelihood, including loss of earnings, with adjustments for income tax and for benefits received wh ile incarcerated; (b) loss of future earning abilities; (c) loss of property or other consequential financial losses resulting from detention or imprisonment; and (d) costs incurred by or on behalf of the person in obtaining a pardon or acquittal." 9. The Additional Guidelines then stipulate: 1. The calculation of...

7. [2024] NZEmpC 213 Cronin-Lampe v Minister of Education Interlocutory (No 5) [pdf, 336 KB]

   ...period to which the claims related and because Mr and Mrs Cronin-Lampe did not seek treatment when they were diagnosed. Further, the superannuation, loss of capital on the investment property sold to Mr and Mrs Cronin-Lampe’s daughter and the consequential loss of rental income were said to relate to decisions made subsequent to the date the contracts were entered into and subsequent to when the specific duties owed by MHS first arose and when those duties were first breached. [2...

8. 2021-10-22 ORC PC7 - [2021] NZEnvC 164 - Interim Decision [pdf, 1 MB]

   ...is unlikely that the regional 22 ORPS, LF-WAI-P4 – Giving effect to Te Mana o te Wai. 23 Under this policy the health and well-being needs of people, te hauora o te tangata; interacting with water through ingestion (such as drinking water and consuming harvested resources) and immersive activities (such as harvesting resources and bathing) – is the second priority of fresh water management. 24 To illustrate, RPS Objective 3.1 states the values (including intrinsic values) of Otago�...

9. LCRO 91/2019 CL v BK and AM (31 August 2021) [pdf, 328 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2021] NZLCRO 137 Ref: LCRO 091/2019 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 CL Applicant AND BK and AM Respondent DECISION The names and identifying detail of the parties in this decision have been changed Introduction [1] Ms CL has

10. Regulatory Impact Statement Civil Fees Review [pdf, 179 KB]

    ...tribunals. Fees are currently charged in all courts and some of the tribunals administered by the Ministry. Civil fees were last comprehensively reviewed between 2001 and 2003. Other than a GST increase in 2010 and an adjustment in line with the Consumers Price Index in 2011, most fees have not changed since 2004. The 2011 CPI adjustment did not apply to fees in specialist courts. First principles review In 2011, the Government agreed to a first principles review of civil fees in...