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1. Li v The Real Estate Agents Authority (CAC), Huang, Chae, Donkin and Barfoot & Thompson Ltd (Mairangi Bay) [2018] NZREADT 52 [pdf, 335 KB]

   ...inspection report” provision into the contract indicates that she understood, in a general way, the protection that such a provision provided her, and that neither she nor the purchaser would be immediately subject to an unconditional contract. [101] It would seem to us unlikely that an alert buyer in the position of Mrs Li, who was paying attention to the discussion, could have overlooked asking what the advantages and disadvantages of making an offer in one form or another were....

2. MLC 2018 November 2018 - OCR Outstanding Applications [pdf, 391 KB]

   ...Application to the Chief Judge A20120015167 45/93 Mohi Wiremu Hotene CJ 2013/4 - Paratene Mita Hotene - and orders dated 1 September 1998 and 28 January 2000 at 90 WHK 405-407 and 92 WHK 250- 251 - Application to the Chief Judge A20130001014 45/93 Lynette Hatton, Jeanette Fifield CJ2013/3 - Mere Porotene – and succession orders made at 6 ADWG 312 dated 12 March 1990 - Application to the Chief Judge A20130001188 45/93 Rena Scott CJ 2013/5 - Wharepouri Paoro also kn...

3. [2022] NZREADT 4 - CX v REAA (5 April 2022) [pdf, 324 KB]

   ...a Minute on 10 September 2021 concerning the hearing of the appeal and a timetable for submissions. It was revised in Minute 2 issued on 11 November 2021. The Tribunal determined that the appeal would be heard on the papers. DISCUSSION [101] In his submissions to the Tribunal, the appellant alleges that he was not given the opportunity to reply to new information provided to the Committee by the licensees. The appellant does not identify the new information. Moreover, any su...

4. LCRO 178/2021 AA v EL (26 November 2021) [pdf, 256 KB]

   ...[100] Mr OP noted that Mr JB had referred to his (Mr JB’s) client as a “[Asian] businessman”. Further, he explained that Mr JB had informed him, that Mr AA was “furious about the current situation and it is a matter of honour to him”. [101] It presents as highly unlikely that Mr OP’s specific recollection of the conversation would be inaccurate or unreliable in regard to the two issues identified in the paragraph above, and difficult to establish plausible explanation for...

5. [2021] NZACC 52 - Thompson v ACC (17 March 2021) [pdf, 230 KB]

   ...salesperson, the appellant jumped off the back of a truck and landed heavily on his right foot. [100] An x-ray on 4 December 2009 showed a “subtle” calcaneal (heel bone) fracture and ultrasound demonstrated ligamentous injuries to his ankle. [101] On 1 June 2011, the appellant was involved in a car accident which exacerbated the 2009 injury. [102] His then GP Dr Thomson provided a medical certificate for five weeks off work. 3 Ellwood v Accident Compensation Corpor...

6. [2021] NZEmpC 117 Zara’s Turkish Ltd (in liquidation) v Kocaturk [pdf, 378 KB]

   ...calculation the excess (that is, the amount over $20,961.12) is to be paid to him from the funds controlled by the Registrar. [100] Leave is reserved to apply for further orders if there are any problems over calculating the amounts to pay. [101] The Registrar is to pay any remaining balance of the funds under her control to the liquidator of Zara’s Turkish. [102] Costs are reserved. Given the mixed success, and the liquidation of Zara’s Turkish, my present inclination is...

7. [2021] NZEmpC 138 The 20 District Health Boards v New Zealand Nurses Organisation [pdf, 378 KB]

   ...members to provide LPS in certain situations. [99] There are several intertwined considerations that fall for consideration. [100] First, cl 12(5) refers expressly to three particular factors on which the parties are required to negotiate. [101] There is no express statement in cl 12 that states the Union, as a party to an LPS agreement, must ensure that members having the necessary expertise to provide LPS support will do so. [102] The DHB’s position would in effect requi...

8. LCRO 170/2019 ZY v LN QC (23 April 2021) [pdf, 279 KB]

   ...complaint when she explained that “the backbone of my complaint, on both actions, is that Mr LN made fundamental errors of judgement regarding legal processes and in doing so he has breached his duty of care and failed to protect my interests”.15 [101] The articulation of this limb of Ms ZY’s complaint became, as the process of advancing and responding to the complaint progressed, overarched with allegation that Mr LN had failed to advise Ms ZY as to the possible adverse consequ...

9. LCRO 76/2020 FV v GT (23 July 2021) [pdf, 269 KB]

   ...point, I prefer Ms FV’s evidence. To that extent, I disagree with the Committee’s conclusions about this issue, which was specifically focused on whether or not instructions were given by Miss FV to Mr GT to appear in court on [redacted] 2018. [101] In my view, the matter is slightly more nuanced than that. [102] First, as noted by the Committee, Mr GT’s letter of engagement described the retainer as being for “IRD matter” with the related services being “receiving instru...

10. ORC & Fonterra Co-operative Group Ltd - EIC - Cain Duncan - 17 September 2021 [pdf, 3.1 MB]

    ...should be adhered to, depending on the soil and landscape feature effluent is being applied to. Soil maps and associated soil factsheets listing the effluent risk category are available for most of Otago via Landcare Research’s S-Map service. 101 Table 2 outlines the recommended maximum application depths for different soil and landscape features using either a high or low rate effluent irrigation system, assuming the criteria in Table 1 is achieved. 23 Table 1 - mini...