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1. [2020] NZEmpC 165 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [pdf, 294 KB]

   ...The claim amounts to a claim to obtain a right to a defamation action without a defence. (c) The disputed correspondence attracted qualified privilege. (d) The plaintiffs were entitled to correspond with Ministers by virtue of the Protected Disclosures Act 2000. (e) The New Zealand Bill of Rights Act 1990 (NZBORA) protected their correspondence. (f) The Authority Member should have considered recusing himself after CultureSafe made complaints about him. [48] I...

2. LCRO 8/2022 QQ v LW (8 October 2024) [pdf, 227 KB]

   ...Mr FM was not prejudiced in any way. That must necessarily be a subjective assessment and, whether or not it is correct, does not alter the fact that Mr QQ interfered with the relationship between Mr LW and his client. [127] The community must be protected from interference in the relationship between a client and his or her lawyer of choice and the profession must be protected from interference by another lawyer in that relationship. [128] I am firmly of the view that it is in the int...

3. [2022] NZEnvC 140 Cornelius v Western Bay of Plenty District Council [pdf, 419 KB]

   ...or a determination of the Environment Court states otherwise. [10] The primary purpose of s 116 of the Act is to specify when a resource consent commences. Relevantly in this case, s 116(1) specifies the time of commencement on a basis which protects any right of appeal by suspending commencement until any appeal right has expired or any appeal has been determined. There is a reservation to the Court of a power to determine a commencement otherwise than as specified in the sectio...

4. Argyle v Macdee McLennan Construction Ltd & Ors [2012] NZWHT Auckland 30 [pdf, 361 KB]

   ...were: The manner of attachment of the pergola to the cladding which he said would leak in time. Bubbling in the cladding indicating the need for horizontal expansion joints. Flat parapet tops which would allow moisture ingress unless protected by a waterproofing membrane. The stainless steel handrail which also should be protected by waterproofing underneath the base of the posts. Page | 6 Roof apron flashings which ought to have kick-out flashings to pr...

5. Chittock v ACC [2014] NZACA 4 [pdf, 157 KB]

   ...Nor does refusing to produce documentation when directed to do so by the Authority generally assist in the presentation of one’s case. The Issues [4] The issues that I have to determine are: [a] Was the 1998 payment for backdated attendant care under s 80 of the 1982 Act for the period from 14 April 1984 to 11 September 1995 made under s 80(1) as ACC contends, or s 80(3) as Mr Wakefield contends? [b] Can the 1998 payment be reliably taken to indicate that ACC was satisfied t...

6. K v N [2013] NZREADT 111 [pdf, 91 KB]

   ...should give s 136 a more liberal interpretation so that a licensee must notify any party where a potential conflict arises, rather than only in circumstances where a transaction is about to be entered into. [23] The Tribunal have considered this carefully. It is certainly true that the Tribunal should not give an unduly restrictive interpretation to the Act. However s 136 clearly sets out the steps required of an agent and it specifies that there must be some transaction which trigger...

7. LCRO 184/2021 PW v QM (21 March 2023) [pdf, 184 KB]

   ...Standards Committee determination [11] The Committee identified two issues to be addressed:4 a) Were the fees charged fair and reasonable for the services provided? (rule 9 and 9.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (RCCC)); b) Did Ms QM use legal processes only for proper purposes? (rule 2.3 of the RCCC). Fees [12] Before addressing the complaint about the quantum of Ms QM’s fees, the Committee posed the question as to whether M...

8. HU & DU v I Ltd & CJ Ltd [2024] NZDT 598 (9 August 2024) [pdf, 232 KB]

   ...mislead the public as to the characteristics and suitability for purpose of their AWD vehicle. 8. I am satisfied that the applicants have experienced a loss because of I Ltd’s conduct. Did CJ Ltd fail to provide a service with reasonable care and skill? 9. The Consumer Guarantees Act 1993 requires suppliers to carry out services to consumers with reasonable care and skill. HU and DU believe CJ Ltd should have known that four tyres needed to be replaced on their AWD vehicle a...

9. Complaints Assessment Committee 412 v Grewal, Preet & Co Real Estate Limited, Voordouw & Mason [2018] NZREADT 47 [pdf, 314 KB]

   ...of the Agency1 he signed trust account reconciliations that were incorrect; and [b] a charge under s 73(c) of the Act (charge 5), alleging a wilful or reckless breach of r 7.2 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), in that he failed to make a report to the Real Estate Agents Authority (“the Authority”) when he had reasonable grounds to suspect that Mr Grewal had been guilty of misconduct. In the alternative, Mr Vo...

10. AF v BN LCRO 166 / 2011 (25 July 2013) [pdf, 144 KB]

    ...be conduct 13 Above n6. 14 Above n6 at 811. 13 which departs from acceptable professional standards. That departure must be significant enough to attract sanctions for the purposes of protecting the public. Such protection is the basis upon which registration under the Act, with its privileges, is available. I accept the submission of LQ that a finding of conduct unbecoming is not required in every case where error is s...