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1. LCRO 54/2018 KJ v VW (6 July 2018) [pdf, 180 KB]

   ...directly”; and (d) Mr VW was “not holding any funds from the sale”. [14] The Committee recommended that Mr KJ “contact the … agent to determine what funds the … agent received and paid to Mr VW”. Application for review [15] Mr KJ filed an application for review on 13 April 2018. He repeats that he seeks reimbursement of $3,500 which he says he overpaid the vendors for the purchase of the property. He claims that: (a) Mr VW’s settlement statement provided t...

2. LCRO 167/2016 LQ v TM (13 May 2019) [pdf, 181 KB]

   ...a review of the background to the estate matters; and (b) by Mr TM providing a letter to Mr JK setting out Mr JQ’s instructions “in respect of the investigation and responses to estate correspondence”. Application for review [19] Mr LQ filed an application for review on 26 July 2016. He seeks an order that Mr TM and Mr JQ provide, within a reasonable time, the information required by the accountant to determine the value of Mrs AQ’s residuary estate. [20] He says the Com...

3. Family Court rewrite submission: Save the Children [pdf, 165 KB]

   ...processes. We further recommend that in cases that need it, children can be supported by legal representation, rather than limiting Lawyer for Child to in court proceedings. A review of the tracks system to ensure they are flexible enough to meet the various needs of families. Currently around 70% of applications are filed without notice12. Without notice cases are causing considerable delays across the Family Court system. The Secretariat has found, ‘Wthout notice applications...

4. [2020] NZREADT 18 - Hilliam [pdf, 177 KB]

   ...incompetent or seriously negligent real estate agency work, and unsatisfactory conduct, as alleged, and to determine the appropriate penalty. [4] The parties have agreed to the Tribunal determining this matter on the papers. Facts [5] The parties filed a detailed Agreed Summary of Facts. As directly relevant to the charges, we summarise this below. [6] Mr Hilliam is a licensed salesperson with 34 years’ experience in the industry. Up until approximately mid-April 2017, he was...

5. Jones v Sircombe [pdf, 43 KB]

   ...colour. “Virtually all our supplies come from the then Kaihu Valley Sawmill – now an ITM store, Dargaville.” 3. These details were repeated in summary in Ms Jones’ statement which accompanied the amended application for adjudication filed by Mr Swanepoel on 15 February 2008. 4. In her statement, also dated 15 February 2008, Ms Jones stated: “We had discussion with the builders about what roofing product they felt best suited our environment (being right by the...

6. Steven v Real Estate Agents Authority (CAC 405) & Ors [2017] NZREADT 13 [pdf, 229 KB]

   ...was not resolved, and should have found that there was disclosure. He submitted that this is sufficient to dispose of the appeal. The second respondents [33] The second respondents relied on their very full written submissions and statements filed prior to the hearing. [34] They submitted that neither of the appellants made any disclosure of the Tenancy Tribunal proceedings initiated by the Body Corporate, there was nothing in the Auction Sale Agreement that would have alert...

7. Brill v Real Estate Agents Authority (CAC 409) & Ors [2017] NZREADT 28 [pdf, 237 KB]

   ...decision”),2 the Committee censured the appellant, ordered him to complete unit standard 26152 (“Explain the principles of ethics applying to real estate practice”), and ordered him to pay a fine of $7,000. [3] On 4 August 2016, the appellant filed an appeal against both the substantive decision and the penalty decision. He later abandoned his appeal against the substantive decision. Accordingly, the Tribunal is only required to consider his appeal against the penalty deci...

8. [2020] NZREADT 05 - Eade - Ruling (21 February 2020) [pdf, 234 KB]

   ...Mr Newman, and a representative of the developer. [71] The case manager is to schedule a telephone conference, in order to make further directions as to this proceeding: in particular, to set a hearing date and make timetable directions as to filing and serving submissions. [2020] NZREADT 05 - Eade - Ruling [72] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be...

9. [2020] NZEmpC 74 New Zealand Post Primary Teachers’ Association Inc v Secretary for Education [pdf, 237 KB]

   ...timing and nature of the objection meant it could not be dealt with immediately but necessitated further argument. An interlocutory hearing was scheduled but later vacated, at the request of counsel, who were content to rely on submissions they had filed. Despite counsels’ confidence in their submissions, it was necessary for the Court to convene a hearing to fully understand what orders were being sought and why. Regrettably that hearing could not take place for some time beca...

10. [2021] NZEmpC 200 Best Health Foods Ltd v Zhou [pdf, 226 KB]

    ...enable accurate cashflow information to be obtained, but said that any coding errors created at the point Mr Zhou had reached when he was dismissed would be unlikely to be damaging to the company. He said it would only be when GST returns were filed, if they contained significant errors, that there could be difficulty with the Inland Revenue Department. In this case, Mr Zhou did not file GST returns and there was no evidence that the information he processed was used in one. Nor...