Search Results

1. [2020] NZREADT 24 - Schroder (16 June 2020) [pdf, 163 KB]

   ...submitted that the Tribunal could find that Mr Schroder’s breach of r 6.3 was wilful, and he can be found to have known that his conduct would be seen as unacceptable. She submitted that this is evident from the tone of the email, in particular his statements that: [a] the payment would be to “show your appreciation to my extra efforts”, and that he would be “so appreciative” if the vendor would “split the difference” of $26,000 between the offers made on 16 and 22 No...

2. LCRO 47/2016 FD v QB (16 October 2018) [pdf, 164 KB]

   ...disturbing: that [the firm] charged to attend funerals prior to a Letter of Engagement being duly executed, if in fact one exists. This in my opinion raises not only ethical issues but moral ones as well. There is no mention of this charge on the statement of accounts. [31] The first point is that lawyers can charge for providing services. The second point is that the evidence does not support the proposition that Mr QB charged a fee for attending Mr FD’s mother’s funeral. [...

3. [2020] NZREADT 55 - Motupally v The Real Estate Agents Authority (9 November 2020) [pdf, 240 KB]

   ...professional assistance they might choose to engage.3 Appeal grounds [5] Following the interim decision which we issued in this matter, the appellant filed an amended notice of appeal. In that decision we invited the appellant to file a concise statement of the grounds of appeal to replace the lengthy and discursive original notice of appeal. The key passage in the amended notice of appeal which sets out the basis upon which the appellant brings his appeal is as follows:...

4. [2021] NZREADT 48 - Kan (30 August 2021) [pdf, 260 KB]

   ...until April 2016, then ceased. The owners contacted their solicitors in early April 2019 to advise that they had not heard anything from Mr Kan for about 18 months, despite requests for information. The solicitors contacted Mr Kan who provided statements for the period to December 2016. While those statements referred to sums paid to the trust account, those payments had not in fact been made. A payment of $10,390.48 was made on 17 April 2019 [4] As at 19 April 2019 there was...

5. EQ & MC v IJ Ltd & SD [2022] NZDT 146 (31 August 2022) [pdf, 246 KB]

   ...The question is therefore whether a reasonable person in EQ and MC’s position would have been likely to be misled or deceived. 20. EQ and MC say that the facts of their case is similar to Steel. I disagree. The Steel building report included statements such as that moisture levels were within a range considered normal and that there were no signs of serious leaks or moisture concerns internally. In Steel the judge commented [at para 53] that: …the signs of moisture damage, be...

6. Human-Rights-Commission-Re-Hendrie.pdf [pdf, 511 KB]

   ...had been determined. The doctor's concern arises from the realisation that some at least of those represented at the inquest are desirous of establishing whether any member of the operating team was at fault. This concern is expressed in the statement of claim in this way: " (a) The respondent may admit evidence not legally admissible in a Court of Law. (b) On the strength of such evidence the applicant and/or others may be implicated in the death of the deceased in any fin...

7. [2024] NZEmpC 204 Joyce v Ultimate Siteworks Ltd [pdf, 218 KB]

   ...category 2B scale costs in respect of the substantive proceedings. Based on that, but with some figures (including the total) corrected, the calculation is: Item Step (part) days Recoverable cost, at daily recovery rate of $2,390 2 Statement of defence 1.5 days $3,585 10 Pleading in response to amended pleading (x 2) 1.2 (0.6 x 2) $2,868 15 H v Employment Relations Authority, above n 13, at [38]. Compare Bache v Essex County Council [2000] 2 All ER 847 (CA)...

8. IHC New Zealand v Attorney-General (Strike-Out Application) [2020] NZHRRT 47 [pdf, 248 KB]

   ...represents the Government’s view of an appropriate allocation of resources for special education given the available funds and competing demands for funding and would have to defer to that view. Cited in support is (inter alia) Curtis v Minister of Defence [2002] 2 NZLR 744 (CA) at [22] to [27]. Submissions for IHC [44] The submissions for IHC stress there is no challenge to the Budget allocation or to the manner in which resources are allocated by the various Appropriation Acts. R...

9. 2020-10-12-Key-Issues-Report-9-October-2020-Appendices.pdf [pdf, 16 MB]

   Key Issues Report Plan Change 8 to the Regional Plan: Water for Otago and Plan Change 1 to the Regional Plan: Waste for Otago (The Omnibus Plan Change) Appendices Appendix A: Minster’s direction matter to be called in to the environment court Appendix B: Letter from EPA commissioning the report Appendix C: Minister’s letter in response to the Skelton report Appendix D: Skelton report Appendix E: ORC’s letter in responding to the Minister with work programme Appen

10. Gangs-Legislation-Amendment-Bill.pdf [pdf, 692 KB]

    ...subject to their approval by Cabinet. 56 The Parliamentary Counsel Office has been consulted on this proposal and is available to draft a bill in early 2024. 57 The proposed omnibus act will bind the Crown. Impact Analysis Regulatory Impact Statement 58 Cabinet’s impact analysis requirements apply to the proposals in this Cabinet paper. For 100-Day Plan proposals that seek approval for new policy, Cabinet has determined that Regulatory Impact Statements (RIS) are required but tha...