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1. [2012] NZEmpC 204 Here v McAlphine Hussman Ltd [pdf, 140 KB]

   ...what a fair and reasonable employer would have done in all of the circumstances. [49] The challenge is accordingly dismissed. [50] If costs cannot otherwise be agreed they may be the subject of an exchange of memoranda, with the defendant to file and serve any memorandum and supporting material within 20 working days of the date of this judgment, and the plaintiff to file his memorandum and supporting material within a further 20 working days. Christina Inglis Judge...

2. CAC 10012 v Khan [2011] NZREADT 11 [pdf, 145 KB]

   ...26, Exhibit 1). Mr Aoese said that the signature on the letter was not his signature, he had not written the letter, he had not gifted his sister $26,000 and he had not sent this letter to the Finance company. The letter was discovered on the file of the lender. However the letter did appear to be faxed from Busby Carriers which was the business owned by his girlfriend Abby Lee Busby’s family. Mr Aoese was also then employed by Busby Carriers. 5 [13] Ms Busby gave e...

3. CAC20009 v Li [2015] NZREADT 48 [pdf, 212 KB]

   ...Standards Committee 1 and New Zealand Law Society [2013] NZHC 83 the High Court considered whether or not Mr Hart’s transgressions were sufficient enough to suspend or cancel his registration. He had failed to provide the Standards Committee with his files and had not responded substantively to the charges against him. The High Court considered he had no justifiable reason to withhold his files for nearly three years and found this failure had prevented the Standards Committee from ad...

4. O'Connor & Anor v CAC 20004 & Randall [2013] NZREADT 104 [pdf, 142 KB]

   ...weathertightness issue. 3 [11] In March 2009 a different licensee (Richard Dow) from the agency introduced a further purchaser to the property, namely, the appellants. He stated that the Coastal Homes Inspection Coy report was not then on the agency file for the property and as such this was not disclosed to the appellants. This fact is disputed by the licensee, Della Randall, who held an open home on 15 March 2009 which the appellants attended. They state that the licensee...

5. Crick v REAA & Woodley [2013] NZREADT 9 [pdf, 62 KB]

   ...judgment in accordance with our opinion, notwithstanding that this may involve "an assessment of fact and degree and [entail] a value judgment. [27] We have before us the material previously before the Committee as well as further material filed by the parties, in particular by the Complainant, for the purposes of the appeal and oral evidence. We may consider all of that material in exercising our judgement as to the facts and which of the orders available on appeal is approp...

6. G v CAC 10069 & M [2012] NZREADT 38 [pdf, 58 KB]

   ...Bashir [2010] NZFLA 884; Austin, Nichols & Co v Stichting Lodestarn [2008] 2 NZLR 141; Jones v CAC 10028 and Shekell [2011] NZREADT 15. [41] We have before us the information which was before the Committee, as well as the further material filed by the parties for the purposes of the appeal, and oral evidence was given in person at the hearing as we have covered above. We are entitled to take all that material into account in coming to our own decision as to whether or not the li...

7. BT v OS LCRO 2/2013 (17 November 2014) [pdf, 81 KB]

   ...OS’s primary obligations were to his client, GD.7 As BT is a third party, OS owes him only very limited duties, including those set out in r 12.1. Circumstances – wide or narrow [43] In responding to the complaint, OS provided his entire file for attendances on GD arising from her lease over the unit, starting May 2009. He also provided a letter of support from GD. OS’s professional relationship with BT, started in May 2009 with the negotiations over the Variation and con...

8. Russell - Waitoto Māori Reserve 755 Blk 3 Arawata SD (2016) 37 Te Waipounamu MB 139 (37 TWP 139) [pdf, 201 KB]

   ...Christchurch) Judgment: 17 June 2016 PRELIMINARY DETERMINATION OF JUDGE S F REEVES 37 Te Waipounamu MB 140 Introduction [1] On 19 September 2014 James Russell filed an application under s 215 of Te Ture Whenua Māori Act 1993 (“the Act”) on behalf of the owners to constitute an ahu whenua trust over Māori Reserve 755, Block 3 Arawata SD block, known as the Waitoto Māori Reserve (“th...

9. McGeorge v Standing [2012] NZIACDT 48 (30 August 2012) [pdf, 124 KB]

   ...not personalised. The letter said Living New Zealand Ltd had gone into liquidation as a result of this Tribunal cancelling Mr Standing’s licence. The letter indicated that some unidentified colleague of Mr Standing would review his client’s files and proceed on Mr Standing’s behalf, with Mr Standing carrying on in an “administrative role”. [24] On 19 August 2011, Ms and Mr McGeorge asked in an email whether they could get their money back, and the name and licence number of t...

10. Nair v Standing [2012] NZIACDT 49 (30 August 2012) [pdf, 125 KB]

    ...4 The response [22] Mr Standing’s response to the complaint was by letter dated 2 November 2011 addressed to the Authority. The key elements were: [22.1] Living New Zealand Ltd was in liquidation, and Mr Standing no longer had Mr Nair’s file. [23] From recollection without his file, he claimed: [23.1] Communication had been timely and appropriate. [23.2] The contractual agreement was fulfilled by providing documents, and Mr Nair was required to obtain employment. [23.3] Se...