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1. LCRO 198/2020 CO and EA v LT (29 August 2023) [pdf, 673 KB]

   ...them that they were unable to cancel the contracts. [100] Even though Mr LT had completed a considerable amount of work, the outcome for his clients was unsatisfactory and no doubt diminished their experience of buying their first home. [101] In the circumstances, I have formed the view that, in recognition of this, they should not have to pay any part of Mr LT’s fees. [102] I acknowledge that the orders made below do not meet Mr CO and Ms EA’s expectations, but findings...

2. [2023] NZREADT 19 - NQ v Real Estate Agents Authority (CAC 2104) (9 August 2023) [pdf, 169 KB]

   ...the number of bedrooms) affected his appreciation of the property and its true value. 27 Auckland Council Unitary Plan Map (printed 24 November 2020) at 143 of the bundle. 28 Auckland Council GEOMAPS (2018) at 170 of the bundle. 18 [101] We have already dismissed the purchaser’s complaint concerning proximity to the shoreline. Turning then to the misrepresentation as to the number of bedrooms, the Committee accepted in the penalty decision (13 October 2022) that Mr Bos...

3. Friesen v Accident Compensation Corporation (Personal Injury) [2024] NZACC 46 [pdf, 449 KB]

   ...none other than total knee replacement. [100] I find in this case therefore that on the balance of probabilities the consequences of the meniscal tear caused by this accident went beyond rendering his underlying osteoarthritis symptomatic. [101] If the Respondent’s position were accepted in its entirety, it would mean the appellant would be denied cover and treatment for an injury by accident, namely the torn meniscus. Such an approach would not be consistent with the generous a...

4. Smith v Accident Compensation Corporation (Entitlement to Surgery) [2024] NZACC 30 [pdf, 277 KB]

   ...unusual cases that do not resolve in the expected way, or cases where the mechanism of injury would ordinarily be insufficient to cause the injury in question but nevertheless cause or contribute to it. I find that this is one of those cases. [101] I conclude therefore that the appellant’s left shoulder acromioclavicular joint arthropathy and instability was wholly or substantially caused by her accidents in 2016 and 2018 and that therefore ACC’s decisions of 5 March 2021 and...

5. LCRO 88/2022 GX v EJ (2 April 2024) [pdf, 236 KB]

   ...Conduct and Client Care Rules. [99] This matter was raised by Ms GX in her reply to the response to the complaint by [Law Firm B], acting for Mr EJ. [100] Mr EJ was not acting for the Trust when Ms GX was appointed in February 2019.42 [101] Updated terms of engagement were sent out in July 2020 following changes to the legislation governing trusts. The contact details recorded in the firm’s records had not been updated to include separate details for Ms GX. [102] In this reg...

6. LCRO 118/2023 TC v GS (13 December 2023) [pdf, 213 KB]

   ...of the Firm in respect of the invoice dated 31 March 2020 and under this decision is $3,620.00. A certificate under 161(2) of the Act will accompany this decision accordingly. (g) Does the applicant have any basis for a claim to compensation? [101] The applicant, on behalf of the Trust, has no basis for a claim for compensation under the Act. Any stress he may have suffered, and any costs the Trust may have incurred, have been a consequence of his own decisions and actions. (h) What...

7. [2024] NZIACDT 15 – YT v CX (14 May 2024) [pdf, 290 KB]

   ...of these heads lead to the very serious allegation of a lack of 7 Immigration Advisers Licensing Act, s 50. 8 Section 51(1). 9 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 10 At [97], [101]–[102] and [112]. 8 probity. According to counsel, the Registrar does not point to any instance of dishonesty or misleading behaviour and this is because the evidence does not support it. [30] The Tribunal agrees with counsel. The...

8. [2024] NZEnvC 026 Nelson City Council [pdf, 515 KB]

   ...consideration of the application for declarations. His submissions also noted the absence of any explanatory notes in the plan connecting the rule to symbols on the planning maps, for the purpose of identifying authorised launching ramps. 22 [101] As to the last of his points, it is not uncommon for plans to include explanatory information to the reader to assist in understanding how to apply chosen methods within a regional or district plan, including in relation to the sign...

9. [2023] NZEnvC 243 Ngāti Kuku Hapū v Bay of Plenty Regional Council [pdf, 794 KB]

   ...concerns a decision by the Bay of Plenty Regional Council to grant an application for a controlled activity by Tauranga Bridge Marina Limited for a coastal occupation permit for an existing marina and breakwater in the coastal marine area adjacent to 101 Awanui Drive, SH2, Tauranga known as the Tauranga Bridge Marina. Ngāti Kuku Hapū appealed against two conditions of that consent relating to its duration and the scope of any review of it. The Court’s decision In a decision o...

10. 221013-Web-Attachment-Wayfinding-for-Civil-Justice-Draft National Strategy.pdf [pdf, 414 KB]

    ...Anne Waapu Working Group Members 2 Colmar Brunton Legal needs among New Zealanders (Ministry of Justice, 2018); World Justice Project Global Insights on Access to Justice: Findings from the World Justice Project General Population Poll in 101 Countries (World Justice Project, 2019). 3 Table of Contents PREFACE ........................................................................................................................... 2 WAYFINDING – IN SUMMARY ...............