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1. Wallace & Anor v CAC20006 & Anor [2015] NZREADT 3 [pdf, 117 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 3 READT 074/13 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN GARY AND VICKI WALLACE Appellants AND REAL ESTATE AGENTS AUTHORITY (CAC 20006) First respondent AND MICHAEL AND SUSAN BAKER Second respondents MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Ms N Dangen - Member HEARD at AUCKLAND on 23 June 2014 D...

2. [2015] NZEmpC 96 Allied Security Ltd v Marriott interlocutory [pdf, 88 KB]

   ...Ltd when he said: 5 In applications of this kind it is necessary carefully to weigh all of the factors in the balance between the right of a successful litigant to have the fruits of a judgment and the need to preserve the position in case the appeal is successful. Often it is possible to secure an intermediate position by conditions or undertakings and each case must be determined on its own circumstances. [11] In Assured Financial Peace Ltd v Pais, the Court was assisted by...

3. P v H LCRO 02 / 2009 (20 March 2009) [pdf, 23 KB]

   ...of a lawyer through the complaints process. However, it is improper to use the complaints process as means to undermine or attack a decision of another court or 4 tribunal. The proper route for challenge of a decision of another tribunal is appeal. This is further recognised in s 138(1)(f) of the Lawyers and Conveyancers Act which states that a Standards Committee may resolve to take no further action where there is an adequate right of appeal that the complainant could exercise....

4. Bondereva & Anor [2011] NZWHT Auckland 37 [pdf, 87 KB]

   ...evidenced by elevated moisture readings, in itself was damage. This has generally been the definition of damage that has been adopted since then in order to determine eligibility. [11] More recently however both the High Court and Court of Appeal have considered what is meant by damage and the point at which damage becomes manifest. I consider it appropriate to adopt the Courts’ conclusions as to when damage occurred rather than to continue to follow the definition adopted...

5. LCRO 22/2017 BM v YN (31 August 2017) [pdf, 136 KB]

   ...scope of review [13] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

6. LCRO 40/2016 UV v EL [pdf, 95 KB]

   ...scope of review [14] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

7. LCRO 111/2017 VJ v NH (31 August 2017) [pdf, 93 KB]

   ...scope of review [11] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

8. LCRO 200/2016 ZR v FG (29 August 2017) [pdf, 94 KB]

   ...scope of a review have been discussed by the High Court, which said of the process of review under the Lawyers and Conveyancers Act 2006 (the Act):1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for t...

9. [2018] NZEnvC 045 Gravatt Family Trust v Pierau [pdf, 285 KB]

   ...refused. B: Costs to lie where they fall. REASONS Introduction [1] The Respondent, Mr Pierau, was refused consent by Auckland Council to hold a range of events on the southern part of his 31.8437Ha rural site at 186 Atkins Road Tomarata. An appeal was lodged with the Court in August 2016 (ENV-2016-AKL- 000174), but a hearing was not set down until the end of March 2017. In the meantime, Gravatt Family Trust v Pierau 2 Mr Pierau proposed to hold a "Shipwrecked Festivaf&...

10. Wade v Rangiheuea - Whakarewarewa Lot 29 Māori Reservation (Wāhiao Meeting House) [2018] Māori Appellate Court MB 283 (2018 APPEAL 283) [pdf, 297 KB]

    ...Rotorua 2018 Māori Appellate Court MB 284 Introduction [1] This is an oral decision of the quorum. We reserve the right to correct any matters of detail in the written judgment, but the substance will not change. [2] This is an appeal from orders appointing trustees. Orders under sections 239(1), 239(3) and 338(7) of Te Ture Whenua Māori Act 1993, were made by Judge Coxhead on 3rd of November 2017 appointing trustees to the Wāhiao Marae Whakarewarewa Reservation...