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1. Henton v REAA, Max House & Barfoot & Thompson Ltd [2013] NZREADT 18 [pdf, 115 KB]

   ...salesperson concerned is the subject of separate proceedings before a Complaints Assessment Committee of the Real Estate Agents Authority. No decision in that matter has yet been made. Probably, the outcome of this appeal is awaited. [8] An agreed statement of facts has been filed by the parties but is very detailed and, for present purposes, we summarise the basic facts as follows. [9] The complaint and this appeal involve the Appellant’s dissatisfaction with the manner in whic...

2. Te Manutukutuku (Issue 82) [pdf, 14 MB]

   ...tētehi wāhi. Kāti, ka whakairihia ake ki te ingoa Kete Pūputu te aronga ki a Raukatatauri me te whirikoka o Hine-te-iwaiwa mā, e mana ai ngā tū kōrero, ngā tū tauākī ki te tūāpapa o Mana Wāhine. The name ‘Kete Pūputu’ is drawn from statements such as those made by Bruce Biggs urging people to ‘whaowhia te kete mātauranga’, fi ll your knowledge basket. There are statements still older again associated with mana wahine. For instance, a similar statement appears in...

3. Morison v New Zealand Association of Counsellors [2024] NZHRRT 46 [pdf, 362 KB]

   ...[22.2] Parts of each of the Solicitors’ Letter, the PMARS Letter, the Counsellor’s First Response, the Counsellor’s Second Response, the Counsellor’s Third Response, and the Counsellor’s Second Email. PRELIMINARY MATTERS Amended statement of claim [23] At the commencement of the hearing Ms Morison handed to the Tribunal a document dated 27 May 2024 entitled “Amended Statement of Claim”. [24] The amended statement of claim: [24.1] Refers to an email to NZAC of...

4. Evaluation of Waitakere & Manukau Family Violence Courts [pdf, 345 KB]

   ...their experiences with this court were provided by stakeholders. Although some 7 Key stakeholders’ interviewed were FV Court judges, court staff, police, community probations, programme providers, and defence counsel. 8 Exploring how participants are making sense of their social world (Smith & Osborn 2003). 9 ‘To come up for sentence if called on’ is an order whereby, if the offender is convicted of a subsequent offence within a fix...

5. 20240806-FINAL-Proactive-Release-Sentencing-Reform-Tranche-One.pdf [pdf, 2.1 MB]

   ...with section 27 reports are removed (see companion paper).6 30. It is possible that limiting judicial discretion as proposed may influence other areas of judicial decision-making, which could impact the effectiveness of the policy. For example, the defence may seek a lower starting point for the offence, or greater weight may be given to factors that are not capped if a discount for youth or remorse has been used previously. The 40% cap may be seen as a target, rather than a limit, and re...

6. Grubb and Anor as Trustees of the Bas Trust v Auckland Council [2011] NZWHT Auckland 58 [pdf, 108 KB]

   ...submitted that the steps he took were reasonable. He submitted that there is no obligation in law to obtain a pre-purchase report, and the report he obtained after purchase only raised minor maintenance issues. For those reasons, he submitted, the defence of contributory negligence cannot succeed. [10] Ms Divich submitted that she had difficulty getting Mr Grubb to answer her questions as to what he had asked his builder friends about. She submitted that there were visual defec...

7. Auckland Standards Committee 1 v Deliu [2016] NZLCDT 25 [pdf, 72 KB]

   ...because he specifically told me that he wanted me there as his support person and/or witness in case things needed to be independently verified and not as his lawyer.” Discussion [41] We prefer the contemporaneous correspondence to the later statements made by the practitioner and find therefore that he was present at the ADLS committee room on 14 September 2008 as Counsel to Mr Orlov and as such was providing regulated services. [42] Having established that threshold we must...

8. [2018] NZEnvC 162 Doig v Marlborough District Council [pdf, 3.2 MB]

   ...hearing, the Council resiled from its orig inal position of fully defending the Commissioner's Decision . He submits that it would be unfair and unreasonable for an award in favour of the Council to include costs for attendances associated with defence of the Commissioner's Decision in its entirety, when it later resiled from that position and allowed the structures to 21 22 Pierau v Auckland Council [201 8] NZEnvC 51 . Reply by the appellant, dated 3 August 2018, at [9...

9. [2025] NZREADT 16 – DQ & KU v CAC 2204 & Rule (20 May 2025) [pdf, 167 KB]

   ...reasonably competent licensee would have identified a possible defect. We find recognition of the potential defect to be straightforward. Of course, this raises an issue as to the purchaser who is himself a licensee. His lack of diligence is not a defence for the licensees, but it will be a relevant factor in any orders (including compensation) arising from our decision. [49] Accordingly, we find that the licensees should have specifically raised the vehicle access issue in the...

10. LCRO 162/2015 and 66/2016 IA v CMR (31 July 2017) [pdf, 253 KB]

    ...providing the liquidator with information. He referred to the prospect of imminent Serious Fraud Office (SFO) involvement and other urgent issues. Mr IA says he could see that the shareholder’s account recorded on the companies’ financial statements said (H) held over $1 million in assets, so at that stage he was satisfied (H) could pay him. 2 CMR (1996) Limited (In Liquidation); [Business 1] Limited (In Liquidation); [Business 2]...