Search Results

1. McCarthy & Anor v CAC 20007 & Anor [2014] NZREADT 94 [pdf, 53 KB]

   ...he did not make any recommendation about due diligence and in any event such a general recommendation would not advise the appellants of the significant potential risk of mining. [13] Mr Galloway for the second respondent emphasised the lack of care that the appellants took in the purchase and their [attempt to] minimise their knowledge of the Waihi area. [14] Evidence was given to the Tribunal of the disclosure statement that Wrightsons now required agents to provide to anyone inte...

2. Penalty Davenport v REAA CAC 20005 & Anor [2014] NZREADT 38 [pdf, 50 KB]

   ...Committee in exercising its discretion. [30] It is emphasised that the Committee acknowledged that the licensee was careless rather than dishonest when providing the complainant with the specific information sought. It is clear that the Committee also carefully considered the principles underpinning disciplinary orders. Publication [31] Counsel for the Authority have helpfully made submissions on the issue of publication in terms of a non-publication order of the licensee’s name...

3. Part 1 Application legal aid lawyer [pdf, 1.2 MB]

   ... Electronic    Manual M O J0 0 52.1-A PR IL17_A PPLIC ATIO N FO R A PPR O VA L TO PR O V ID E LEG A L A ID SER V IC ES PAGE 6 / 9 Please describe your accounting (invoicing) system  Electronic    Manual Client care letters   Please attach copies of your client care and standard terms of engagement letters. Please make sure they refer to the Ministry of Justice (not the Legal Services Agency) and clearly refer to any legal aid obligations that you,...

4. Manaena-Biddle v Biddle-Bassett - Te Atuareretahi (2019) 223 Waiariki MB 182 (223 WAR 182) [pdf, 159 KB]

   ...Appellate Court MB 110 (2019 APPEAL 110) 223 Waiariki MB 189 Discussion [34] It is trite law that the paramount duty of trustees is to obey their terms of trust and adhere to trust duties at all times. They equally have crucial duties of protecting the assets of the trust and acting prudently when investing trust funds: 9 ...Breaches of trust are of many different kinds. A breach of trust may be deliberate or inadvertent; it may consist of an actual misappropriation or...

5. [2021] NZREADT 47 - Cavanagh (25 August 2021) [pdf, 258 KB]

   ...of skill and experience considered average in the High Court”6 with a time allowance in band B (where “a normal amount of time is considered reasonable”).7 He submitted that the proceeding was very important for Mr Cavanagh, and required careful and thorough analysis of the law, marshalling of relevant evidence from witnesses and preparing detailed submissions. Mr Judd set out a schedule of costs, leading to a claim 5 Section 110A of the Act was inserted, as from 14 Nove...

6. [2025] NZIACDT 31 – LY x Jiang (16 June 2025) [pdf, 240 KB]

   ...8. Failed to have proper file management. [19] In mitigation, Mr Jiang pointed out: 1. There was no financial loss or adverse immigration outcome. The outcome would have been similar if the misconduct had not happened. 2. His breaches were careless, not deliberate. 3. His misconduct was technical and administrative, in that there was no dishonesty or negligence. 4. He responded to the Authority’s enquiries with the utmost good faith and admitted misconduct. 5. This was the...

7. [2025] NZIACDT 32 - CM v Jiang (16 June 2025) [pdf, 239 KB]

   ...8. Failed to have proper file management. [19] In mitigation, Mr Jiang pointed out: 1. There was no financial loss or adverse immigration outcome. The outcome would have been similar if the misconduct had not happened. 2. His breaches were careless, not deliberate. 3. His misconduct was technical and administrative, in that there was no dishonesty or negligence. 4. He responded to the Authority’s enquiries with the utmost good faith and admitted misconduct. 5. This was the...

8. Fitzgerald & Anor v REAA CAC 20007 & Anor [2014] NZREADT 43 [pdf, 32 KB]

   ...reach the decision that Ms Fitzgerald had breached her obligations. They say that the Tribunal’s decision in Rae was a binding decision for the Complaints Assessment Committee. Further Mr Clancy submits that the Real Estate Agents Act is consumer protection legislation and that all agents should make an effort 3 to ensure that the product they are selling is accurately described. He submits that Ms Fitzgerald (and Barfoot & Thompson) should have taken steps to ensure t...

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

   ...to consider the meaning of vexatious and concluded that “in a legal context the word ‘vexatious’ has come to mean ‘not having sufficient grounds’”. In that case his honour was considering whether a certain application in respect of care and protection proceedings in relation to a child should be struck out as “frivolous or vexatious or an abuse of the procedure of the Court”. His honour also observed that a high threshold must be reached before making such a 3 fi...

10. BORA Building Amendment Bill (No 4) [pdf, 304 KB]

    ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney- General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....