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1. 2017 NZSSAA 040 (20 July 2017) [pdf, 183 KB]

   ...insurance’ and that a beneficiary cannot expect to receive both benefit and periodic earnings related compensation for the same period of time. (paragraph [29]) [27] Similarly in Goh v Chief Executive of the Ministry of Social Development [2010] NZCA 110 the Court of Appeal said: 7 The applicant’s argument is that she should retain both the full amount of her benefit and some of the accident compensation calculated on a weekly basis in respect of exactly the same p...

2. BG Ltd v YT [2014] NZDT 603 (29 April 2014) [pdf, 218 KB]

   ...under the lease that does not exceed a reasonable estimate of the lessor's loss relating to the termination. [14] Clause 12.3 of the lease provides that all unpaid amounts will become immediately payable, i.e. here, rental for more than 110 weeks remaining. Since it should generally be possible to re-lease the car, such a claim would not fit well with section 68. However, BG claims only rental arrears for 8 weeks plus compensation for the car’s value less the wreck value...

3. 2017 Report of the Registrar of the Environment Court [pdf, 674 KB]

   ...Outcomes Outcomes* 2016/17 2015/16 2014/15 2013/14 2012/13 2011/12 2010/11 Total number of mediation events 244 232 164 165 267 283 362 Agreement reached in full 103 69 63 68 134 104 155 Agreement reached in part 65 84 49 39 72 100 110 Agreement not reached 48 53 42 44 31 57 65 Mediation vacated 21 26 10 14 30 22 32 *Some mediation topics/events have yet to record a final outcome *A single mediated topic may form part of a greater number of topics within...

4. IAA v UKFE [2012] NZIACDT 30 (28 June 2012) [pdf, 130 KB]

   ...being an agreement and an invoice. [71] I accept the Adviser’s submission the regime that applies to solicitors’ trust accounts is a valid analogy, in that it illustrates best practice. For present purposes, it is sufficient to note section 110 of the Lawyers and Conveyancers Act 2006 and regulation 12 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008, supported by other provisions in the legislation, require that: [71.1] All funds received for or on behalf of an...

5. AS v ZF LCRO 59 / 2010 (14 March 2011) [pdf, 142 KB]

   ...to be paid, and ordered publication of the Practitioner‟s name and details of the decision in LawTalk. [13] In its determination, the Committee: Noted that by accepting the sum of $50,000 from Mr ZF the Practitioner was in breach of Section 110 of the Lawyers and Conveyancers Act; that whilst there was some excuse for doing so by reason of the pressure of time, the Practitioner should have proactively sought advice from Mr AT as to who his instructing solicitor was; expressed...

6. ENV-2016-AKL-000TBA Vernon v Auckland Council [pdf, 184 KB]

   ...from Council’s decisions that would increase the use of non-notification when considering resource consent application. Section 32AA Evaluation Report 109. I question whether the section 32AA report meets the requirement of the Act. 110. Essentially only two options are considered – the recommended version and Council’s alternative. Some issues are not covered at all and the cost benefit evaluation is quite subjective. 111. It looks as if Council has decided what...

7. BORA Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill [pdf, 425 KB]

   ...with privacy or tortious conduct which is not also inconsistent with the Bill of Rights Act. 12. Wilding v Attorney-General [2003] 3 NZLR 787 (CA) at [14]ff; Dunlea v Attorney- General [2000] 3 NZLR 136 (CA); Attorney-General v Chapman [2011] NZSC 110; [2012] 1 NZLR 463 13. Taunoa v Attorney-General [2008] 1 NZLR 429 (SC) at [258], [373] , [300], [305], [327] (per Tipping J, noting that the remedial question will often be whether Bill of Rights Act damages must be added to a declarat...

8. Beath v The Real Estate Agents Authority (CAC 409) and Kemp, Scoble & Mike Pero Real Estate Limited [2018] NZREADT 45 [pdf, 257 KB]

   ...role in considering whether particular conduct within the industry amounts to misconduct or unsatisfactory conduct. [51] In such a case a CAC should lay alternative charges, or allow the Tribunal the opportunity to exercise its power, under s 110(4) of the Act, to find unsatisfactory conduct rather than misconduct, if it is not satisfied as to misconduct, but is satisfied that the licensee has engaged in unsatisfactory conduct: that is, to “downgrade” the charge from misconduc...

9. Gao & Simons v Real Estate Agents Authority (CAC 20005) & Ors [2016] NZREADT 82 [pdf, 184 KB]

   ...deliberate attempt to deceive the CAC and they decided to take no further action against her. [16] Ms Gao and Mr Simons appealed against these findings. They submit: (i) Mr Broadbelt is guilty of misconduct and they sought compensation under s 110(2)(g) for loss suffered by reason of the licensee’s misconduct. (ii) The CAC chose Mr Broadbelt’s version of events over Mr Gao’s, despite his credibility having been proven to be in doubt. (iii) The CAC chose to ignore the expert...

10. CAC 413 v Marr [2019] NZREADT 28 - Penalty (1 July 2019) [pdf, 201 KB]

    ...for similar conduct, in similar circumstances. The Tribunal should impose the least punitive penalty that is appropriate in the circumstances. While there is an element of punishment, rehabilitation is an important consideration.8 [16] Section 110(2) of the Act sets out the orders the Tribunal may make by way of penalty. As relevant to the present case the Tribunal may: [a] Make any of the orders that a Complaints Assessment Committee may impose under s 93 of the Act (these incl...