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BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2021] NZREADT 10 READT 022/2020 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN MICHELLE BAKER and RODNEY BAKER Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 1901) First Respondent AND HAMISH DRUMM, MARK COFFEY, and SAFARI REAL ESTATE (t/a TOMMY’S REAL ESTATE) Second Respondents Hearing: 24 February 2021, at Well
...issued until 21 February 2020.19 [109] Nevertheless, Ms QG has not provided any compelling reason to explain why she could not have issued Mr LN with a final invoice, between indicating that she would do so (19 November 2019), and 26 March 2020. [110] The Committee dealt with this issue by focusing on COVID-19 related issues, as well as “other personal issues at affecting her capacity to address the matter.”20 [111] With respect to the Committee their analysis seems to overlook...
...Committee, in circumstances where it might be argued that the conduct warranted assessment by the Tribunal as to whether s 7 of the Act had been breached. [109] Both Committees were influenced by the personal issues referred to by me above. [110] Ultimately, whilst there are similarities between the two cases, there are also differences. [111] Nevertheless, my task is to independently review the determination of the Committee in the current matter, having regard to all of the ma...
IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Court: Hearing: IN THE MATTER OF AND BETWEEN AND Decision No. [2021] NZEnvC 77 an appeal under Clause 14 of the First Schedule of the Resource Management Act 1991 (the Act) Appeal topics 7 and 9 Land Use and Disturbance MINISTER OF CONSERVATION (ENV-2019-AKL-122) FEDERATED FARMERS OF NEW ZEALAND (ENV-2019-AKL-114) HORTICULTURE ZEALAND (ENV-2019-AKL-116) Appellant NEW N
...whether Ms Lucas accounted for the requirement for a “simple gable roof”. We were also left with the impression that she had assessed visibility of a 6 m high dwelling occupying the entire 25 m x 25 m building platform on each of the lots. [110] Her assessment also excluded any visual mitigation from the proposed kanuka planting, as she had doubts that it would survive, particularly on the mounds. Ms Lucas confirmed that she had accounted for the visual screening achieved by...
...fundamental dispute between the two accounts of the meeting, it is helpful to look at the surrounding circumstances. [109] Those surrounding circumstances almost exclusively comprise emails exchanged between the parties before and after 27 July 2020. [110] It is not necessary for me to comprehensively summarise each of the emails exchanged between Mr GD and Mr FB. What is clear to me is that the tone of all of those emails is one of courtesy and professionalism by both parties. [...
...dialogue, communicativeness, and good faith. [109] There was no pressing need for the powers sought by Vulcan Steel, here, by way of an implied term; and even if there was, the answer would lie in collective bargaining. The expert evidence [110] Four experts gave evidence. [111] Vulcan Steel called Dr John Lewis, a consultant toxicologist, and casual academic at the Centre for Forensic Science at the University of Technology in Sydney where he lectures. He has over 30 y...
Wedd et al IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2022] NZEnvC 247 IN THE MATTER an appeal under section 358 of the Resource Management Act 1991 (Act) AND applications for declarations under section 311 of the Act BETWEEN COUNTRY LIFESTYLES LIMITED (ENV-2021-AKL-000051) Appellant / Applicant INFOTECH ACCOUNTANTS LIMITED (ENV-2021-AKL-000149) C WEDD (ENV-2022-AKL-000001) Applicants AND AUCKLAND CO
PERMANENT ORDER PROHIBITING PUBLICATION OF THE NAME AND IDENTIFYING PARTICULARS OF THE AFFECTED PERSON, INCLUDING THE NATURE OF ANY CONNECTION WITH THE APPLICANT. THE INTERIM ORDERS PROHIBITING PUBLICATION OF IDENTIFYING PARTICULARS OF THE FORMER JUDGE AND BACKGROUND CIRCUMSTANCES SURROUNDING THE COMPLAINT HAVE BEEN LIFTED BUT WILL REMAIN IN FORCE UNTIL 22 JULY 2022. JUDICIAL CONDUCT PANEL JCP 1/2022 UNDER the Judicial Conduct Commissioner and Judicial Con
...2.3 provides that a lawyer must not use, or knowingly assist in using, the law (emphasis added) or legal process for the purpose of causing unnecessary distress or inconvenience to another person’s reputation, interests or occupation. 20 [110] Reference to “the law” in conjunction with legal process, gives indication that the parameters of conduct captured by rule are to be interpreted reasonably broadly. But that interpretation must be overlaid by a consideration of contex...