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1. ET & Ors v CG & KG [2024] NZDT 861 (11 October 2024) [pdf, 209 KB]

   ...damaged driveway? 9. The principal remedy for torts where damage is caused, is to put the persons that have suffered the damage back into the position they would have been in had the tort not been committed. 10. Where there is contributory negligence, the Tribunal may apportion the responsibility between the parties and reduce the damages awarded accordingly. 11. I have already found that CG and KG did cause damage to an area of the driveway that was foreseeable due to activitie...

2. Rahim v The Real Estate Agents Authority (CAC 416) and Dowdle, Stempa and Eves [2018] NZREADT 65 [pdf, 270 KB]

   ...that the property had two legal carparks, whereas they have now learned that they only have one legal carpark (in the garage), and the rest of the driveway is common area. Their neighbour in the adjoining unit has complained that the commercial vehicle they have parked outside their garage impedes and obstructs access within the common area. [b] They asked Mr Stempa what the situation was regarding painting of the property, and he told them that they could paint their side of the...

3. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

   ...plaintiff’s intention and he should send it. He duly sent the letter of 18 November 2002, addressed to the Principal of the school. It commenced: I am lodging a complaint with you to claim damages done to my professional character because of your negligence to inform my person fully of how secure your classrooms were which as a result of your negation to inform adequately, I was blamed for the theft of your school’s video player and television: a final written warning was issued...

4. [2018] NZEnvC 179 Panuku Development Auckland Limited v Auckland Council [pdf, 11 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC r=J-q of the Resource Management Act 1991 of a Notice of Motion under s 87G of the Act requesting the granting of resource consents for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland PANUKU DEVELOPMENT AUCKLAND LIMITED ('PANUKU') (ENV-2018-AKL-0

5. AAV and AAW v ZZG [2012] NZDT 10 (28 June 2012) [pdf, 62 KB]

   IN THE DISPUTES TRIBUNAL [2012] NZDT 10 BETWEEN AAV AND FIRST APPLICANT AAW SECOND APPLICANT AND ZZG RESPONDENT Date of Order: 28 June 2012 Referee: Referee Robertshawe ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that ZZM is to pay to KS Ltd the sum of $6,901.26 within 28 days. Facts [1] At approximately 5.00 a.m. on Tuesday, 20 September 2011, AAP collid

6. Wellington Standards Committee 2 v O'Connor [2023] NZLCDT 17 (3 May 2023) [pdf, 100 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2023] NZLCDT 17 LCDT 019/22, 020/22 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN WELLINGTON STANDARDS COMMITTEE 2 Applicant AND ALWYN O’CONNOR Respondent DEPUTY CHAIR Dr J G Adams MEMBERS OF TRIBUNAL Ms J Gray Ms M Scholtens KC Prof D Scott Dr D Tulloch HEARING 1-3 May 2023 HELD AT Tribunals Unit, Wellington DATE OF DECISION 3 May 2

7. Wellington Standards Committee 2 v Morahan [2017] NZLCDT 24 [pdf, 531 KB]

   ...respondent engaged in conduct that constituted misconduct in his professional capacity. He is charged in the alternative with conduct unbecoming of a barrister and solicitor (s 112(1)(b) of the 1982 Act). There is a further alternative charge of negligence or incompetence in his professional capacity (s 112(1)(c) of the 1982 Act). [3] The second charge is under s 241 of the Lawyers and Conveyancers Act 2006 (the 2006 Act). That charge alleges that he engaged in conduct after 1 Augu...

8. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 59 [pdf, 234 KB]

   ...reckless contravention of Rules 6.4 and 10.7 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”)); [ii] (in the alternative), misconduct under s 73(b) of the Act (seriously incompetent or seriously negligent real estate agency work). [b] Charge 2 [i] A further charge of misconduct under s 73(b) of the Act. [2] In the further alternative to Charges 1 and 2, and if the Tribunal is not satisfied that Mr Rankin is guilty of misconduct, t...

9. Section 87F Report N Broadbent with Appendices A U [pdf, 15 MB]

   Report under section 87F of the Resource Management Act 1991 on a notified resource consent application by Panuku Development Auckland Limited for consent for the construction, occupation, use and maintenance of permanent and temporary infrastructure and undertaking of activities within the coastal marine area and on land, associated with the America’s Cup To: From: Panuku Development Auckland Limited (“the applicant”) Nicola Broadbent – Reporting Planner Auckland Co

10. [2010] NZEmpC 154 Villegas v Visypak (NZ) Ltd [pdf, 68 KB]

    ...conduct in the first incident, and that he did lose control of his fork hoist and also in the incidents of breaking the water pipe and carrying the full LPG cylinder on his fork hoist. He also lost a load of preforms which demonstrated a degree of negligence on his part. The final act of pushing over a stack of boxes, when he could have used the long fork hoist, also demonstrated a lack of concern for safety. These issues all contributed to the circumstances that gave rise to his...