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1. Dyall v CAC20001 & Lantz [2013] NZREADT 50 [pdf, 58 KB]

   ...from statements of the licensee: “We carried out the instructions of the Family Court Order and with the exception of not having a hard copy in my possession at the time that Ms Dyall was at the property (and the fact that a Court Order had been filed that she was not to trespass on the property), I have done nothing which violates the Code of Conduct or any other breach of the Act. I did not argue with Ms Dyall when we were both at the property and in fact, helped her move the rema...

2. Klee v CAC 10064 & Little [2012] NZREADT 40 [pdf, 54 KB]

   ...‘general appeals’. All parties agree that the Tribunal should apply the principles set out in Austin, Nichols as reiterated by Kacem v Bashir.” [28] We have before us all the material previously before the Committee as well as further evidence filed and given by the parties for the purposes of this appeal. We can consider all the material in exercising our own judgment as to the facts and which of the orders available on appeal is appropriate. Discussion [29] It has bee...

3. McLachlan v CAC 10048 & Hegan [2012] NZREADT 39 [pdf, 51 KB]

   ...licensee’s conduct, as proven, falls within any of the provisions of ss.72 (unsatisfactory conduct) or 73 (misconduct). A Summary of Relevant Evidence of the Appellant [17] By consent, the appellant gave evidence by telephone from Iceland but had filed written evidence also. [18] On 1 October 2009 the appellant signed a listing agreement with the licensee’s firm MacPherson Realty Ltd. The licensee was then on leave and Ms Sally Cooke of MacPherson dealt with the listing agr...

4. Harvey v CAC 10063 & Kelsall [2012] NZREADT 21 [pdf, 114 KB]

   ...“[she] did not discuss the article that Mike Harvey gave to the Nelson Evening Mail in fact even agent Phil Neal (also Ray White Realty Mapua) knew nothing about it until I phoned him and complained about the breach of confidentiality.” In a File Note, an investigator from the Real Estate Agents Authority records that the complainant told him that her property had been on the market for between 3 and 4 years but not continually during that period. It had generally been taken off the...

5. CAC406 v Scheirlinck & Anor [2015] NZREADT 92 [pdf, 155 KB]

   ...In reaching the conclusion the Tribunal have taken into account the following material: 1. The bank statements. 6 2. The contemporaneous written material, namely the statements given to the investigator in March 2014. 3. The file note written by Mr Carey Smith in February 2014. 4. The letters written by the parties to the Investigator. 5. Our assessment of the evidence that was given by Mr Scheirlinck and Mr El-Ghalayini at the hearing. We find that: 1....

6. CAC304 v Drever [2016] NZREADT 27 [pdf, 163 KB]

   ...for the Tribunal to consider the facts in order to judge whether or not there is any similarity in the evidence between each of the diverse particulars to see if they suggest a common course of conduct. The Tribunal has the statements of evidence filed by the Complaints Assessment Committee. The first complaint by Mr and Mrs Deyermond arises out of a sale in early 2013. The allegations made by the complainants are around Mr Drever’s conduct in managing the sale process and alleged fa...

7. [2013] NZEmpC 224 Lyttelton Port Co Ltd v Rail & Maritime Union [pdf, 118 KB]

   ...defendants were not “Cargo Handlers” was never viable. The proceeding was also in the nature of a test case. That is not, however, a final view and I am open to persuasion. If the Company wishes to seek an order for costs, a memorandum should be filed and served within 20 working days after the date of this decision. The defendants will then have 15 working days in which to respond. A A Couch Judge Signed at 9.00 am on 3 December 2013.

8. T v G LCRO 29 / 2009 (21 April 2009) [pdf, 29 KB]

   ...consented to this matter being considered without a formal hearing and therefore in accordance with s 206(2) of the Lawyers and Conveyancers Act this matter is being determined on the material made available to this office by the parties and the file of the Standards Committee. Background [5] Client T sought to bring an action relating to the failure of the Wellington District Law Society to issue him with a certificate of character which was required in a standard applica...

9. AP v RE LCRO 322/2012 (22 August 2014) [pdf, 58 KB]

   ...where the means of fulfilment are within their complete control, as opposed to being partly dependent upon the acts or omissions of a third party outside the lawyer's control. For example, a lawyer should not give an undertaking regarding the filing of documents in a court or the swearing of an affidavit by the client unless the documents are in the lawyer's possession or the affidavit was being sworn at the time of giving the undertaking. Any such undertaking should be made s...

10. Brownlie v Brown - Pipituangi A Trust [2011] Maori Appellate Court MB 271 (2011 APPEAL 271) [pdf, 182 KB]

    ...the Maori Land Court returned the partition application to Mr Hovell’s lawyers because it did not comply with the Māori Land Court Rules 1994. On 4 November 2008 Mr Hovell’s solicitor advised the lower Court that the application had been filed by accident. [9] On 11 December 2007 the number of active trustees was reduced to two because both Mrs McConnell and Evelyn Jones had resigned. [10] The Brownlies applied under s 238 for enforcement of obligations against the current...