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1. Complaints Assessment Committee 413 v Marr [2019] NZREADT 008 [pdf, 334 KB]

   ...Marr. [15] Ms Marr said she did this by taking a blank Agency agreement to a print/copy centre in Auckland, and having them insert the details of the vendor, purchasers, estate, and purchase price on the first page. The Agency protocols did not permit the use of an Agency-branded sale and purchase agreement for a private sale by a salesperson, and Ms Marr did not seek permission to do so. [16] As a result, the agreement appeared to be (but was not) a printed agreement for sale...

2. [2016] NZEmpC 42 ITE v ALA [pdf, 233 KB]

   ...In any event, the short point is that various matters referred to in the video related to information that was not publicly available (as the plaintiff conceded in cross-examination). [48] The plaintiff mounted a further argument that he was permitted to refer to the otherwise protected material in order to prove his innocence. The charges against the plaintiff were withdrawn and he was not called on to defend them in the criminal courts. Accordingly the justification that the p...

3. M D Cottle Family Trust & Ors v Barnett [2015] NZREADT 57 [pdf, 256 KB]

   ...CIV-2011-454-343, 13 December 2011: “As established in Henderson v Henderson if a point ought properly to have been put before a Court which is the subject of litigation, a party may not subsequently at a later date re-open old wounds to raise a matter. To permit such a course would be contrary to the principle of finality in litigation.” [55] Mr Hodge submitted that over and above that issue is the question whether, in all the circumstances of the case, we should order a refund o...

4. [2020] NZREADT 12 - Feschiev (4 May 2020) [pdf, 241 KB]

   ...obligations as a licensee by sending the 29 January 2018 email. However, in preliminary directions, this Tribunal determined that Ms Cruickshank had filed her appeal too late and, as well, the case was not an appropriate one for the Tribunal to permit Ms Cruickshank an extension of time for bringing such an appeal. [28] The Committee concluded in a subsequent hearing that there was no need to impose any penalty. Mr Feschiev has appealed against the determination not to impose a pena...

5. Delamere v Jiang [2017] NZIACDT 1 (17 February 2017) [pdf, 295 KB]

   ...no longer employed by Sea Consultants, I do not believe I have any power now to submit any files for inspection. In addition, I cannot comment on the maintenance of files after my departure from the company. … … I am uncertain whether I am permitted to inspect Ms Wang’s file and check it against the documents you have sent me. [12.12] On 19 May 2016 through his counsel he said: Mr Jiang has not worked for Sea Consultants Limited in any capacity since July 2015 but he is non...

6. BIM-Justice-July-2023_FINAL.pdf [pdf, 2.2 MB]

   ...Supply of Alcohol Act 2012 by making targeted changes to licensing processes in three key areas: 25.1. making it easier for territorial authorities to adopt and apply local alcohol policies to licensing decisions 25.2. allowing anyone to object to licence applications, and 25.3. making licensing hearings more accessible and fairer. 26. Second reading of the Bill commenced on 20 July 2023 and is set down to continue on 25 July 2023. If the Bill is not passed, communities will contin...

7. [2023] NZREADT 2 - Wilson and Wilson v Registrar of the REAA (26 January 2023) [pdf, 222 KB]

   ...were not informed of an offer by another prospective purchaser. BACKGROUND [3] The applicants were interested in purchasing a property in Northland listed for sale by the licensee, a salesperson under the Act. The manager has an agent’s licence under the Act. They are both engaged by Bay of Islands Realty Ltd, trading as Harcourts Kerikeri (the agency). [4] In an email to the applicants on 1 December 2021, the licensee noted their enquiry about the property and sent them...

8. LCRO 29/2023 CP v SW and KM (19 December 2023) [pdf, 245 KB]

   ...emailed the applicant on 20 January 2022 in the following terms: Firstly we cannot do the A & I remotely. The rule requires the witnessing of A & I to be done in person. This rule is strict, all lawyers must obey. It was only temporarily permitted to be done remotely when COVID lockdown restricted access. That time is gone since Level 3. In any event your wife not being in New Zealand has nothing to do with Covid restrictions so that exception cannot apply even if it was st...

9. [2016] NZEmpC 161 NZ Airline Pilots Assoc Inc v Air NZ Ltd [pdf, 234 KB]

   ...to apply for a promotion or a change of equipment category and to appoint him in terms of the award to the appropriate position in clear terms, … In other words, the company can, in the end, require Mr Talbot to fly aircraft for which he is licenced or for which he can be retrained. If this were now done in clear circumstances, Mr Talbot would be bound to accept. If he refused, he would not be redundant but may be liable for dismissal. He is not entitled to adopt a stance whic...

10. [2019] NZEmpC 98 Noble v Ballooning Canterbury.com Ltd [pdf, 565 KB]

    ...problem which was causing him some stress, was non-adherence to the prescribed time and duty rules. He said he had spoken to other pilots who had informed him that if the CAA was appraised as to the approach being adopted by BCL, its operating licence would be suspended, and the CAA would prosecute the individuals involved. [40] Next, he referred to the incident concerning the flight over the pig farm; he said he had been told by friends not to make any statement which could self-i...