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1. Auckland Standards Committee v Slack [2012] NZLCDT 40 [pdf, 162 KB]

   ...hindsight the “wording of our letters of undertaking should have been amended from the exact form of wording proposed by the lenders’ solicitors”.5 [29] That amendment may not have been an available solution of course, because evidence filed by the Standards Committee from officers of the lenders makes it clear that the lenders took the undertakings at face value (ie that the deposits were held in Mr Slack’s firm’s trust account prior to draw down) and that if they had...

2. Auckland Standards committee 2 v Burcher Short [2015] NZLCDT 47 [pdf, 78 KB]

   ...comprehensive affidavit sworn by Mr Short approximately one month before the hearing was not served on Mr Burcher nor his counsel (both of them were out of New Zealand at the time). [13] Despite a number of promises, at pre-trial conference stage, to file evidence and a formal notice of response to proposed amended charges, by the date of the hearing Mr Burcher had not done either. Thus the Tribunal asked for him to give oral evidence, in part to allow him an opportunity of respo...

3. Canterbury Westland Standards Committee v Parsons [2013] NZLCDT 48 [pdf, 72 KB]

   ...Investigation Charge from misconduct to one of unsatisfactory conduct. It did this by deleting the original introduction to the charge and substituting: 1 The practitioner’s response to the charges prepared and filed pursuant to r 7 Lawyers and Conveyancers Act (Disciplinary Tribunal) Regulations 2008. 3 “The Standards Committee further charges the practitioner with unacceptable conduct, being unprofessional conduct under s 12(b...

4. CAC 20002 v Chand [2014] NZREADT 102 [pdf, 73 KB]

   ...OF THIS DECISION 18 December 2014 COUNSEL Ms S M Earl for prosecuting Committee Mr P J McDonald for defendant DECISION OF THE TRIBUNAL Introduction [1] Initially, John Chand faced two charges of misconduct but, in light of the evidence filed on his behalf, the Committee has reviewed them and does not now pursue misconduct and submits that his relevant conduct amounts to unsatisfactory conduct. As explained below, in the course of the hearing before us it became clear that th...

5. McCay-Woods v CAC 20008 & Anor [2014] NZREADT 103 [pdf, 69 KB]

   ...good friends with her although the cousin lived overseas mainly. The complainant seemed to be saying that, due to the licensee’s influence, her co-executrix ceased communicating with her. [38] The said High Court proceedings seem to have been filed at the High Court Dunedin some time in 2013. Those proceedings sought to remove the complainant as a trustee of her Aunt’s estate and appoint another beneficiary in her place. It seems that the complainant had cared for her Aunt in he...

6. Darling v CAC 20002 & Penrose [2014] NZREADT 46 [pdf, 70 KB]

   ...must be dealt with by the regulatory authorities which govern the media.” [66] Mr Clancy submits (for the Authority) that the application for suppression in this case is too vague to support the grant of an order and that no evidence has been filed to suggest that publication would have any impact on the licensee’s business. We agree. [67] It cannot be that a mere fear that publication might impact a licensee’s business is enough to rebut the presumption in favour of openness....

7. McIntyre v CAC 20003 & Anor [2014] NZREADT 26 [pdf, 158 KB]

   ...us as a credible witness and efficient licensee. However it became clear that, at material times, he did not understand social media on the internet including YouTube. [17] The appellant thought that he and his staff had set up a limited access file in YouTube requiring a URL link whereby prospective purchasers could view properties of interest to them listed by his agency. At material times he was not being assisted by Mr McGregor, whose expert evidence we refer to below, and he and...

8. Waratah Trust v CAC 20004 & Ors [2014] NZREADT 20 [pdf, 172 KB]

   ...respondents had the benefit of seeing the appellant’s submissions, and responding to them, but the appellant did not receive the same right. He also puts it that where there is a sequential exchange of submissions, the convention is that the party which files first also has a right of reply; and if that right of reply had been given by the Committee, then the appellant would have had an opportunity to amend the draft sought, to assist in achieving finality, as has been done before us....

9. [2018] NZEnvC 021 Te Tumu Kaituna 14 Trust v Tauranga City Council [pdf, 8.2 MB]

   ...report raised the 12 issue of scope. They also submit that the potentially affected persons identified by the Respondent have all, apparently, been made aware of this issue and none has raised any objection . [35] Finally, the parties also filed a copy of a letter dated 16 January 2018 from the solicitors for Puetata (Tirau) Ltd to the solicitors for the Respondent stating that their client owns land immediately to the south of the proposed realignment (being Lot 67, DP 345260...

10. [2017] NZEmpC 130 ALA v ITE [pdf, 402 KB]

    ...non-publication orders. [57] I analysed this issue fully in my judgment of 12 April 2017. On that occasion, I made permanent non-publication orders so as not to undermine previous orders of the Court relating to non-publication and searching of the Court file.27 [58] The same reasoning must apply here. [59] Accordingly, the interim orders which were made previously as to non-publication of the names and/or identifying details of either party to the present claim, and preventing...