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1. Canterbury Westland Standards Committee 2 v Woodward [2020] NZLCDT 9 [pdf, 116 KB]

   ...affidavit. 6 improve his relationship with his partners. He accepts that his unwellness over a period of eight years “… was a major contributor to the dysfunction in the firm …”. [24] Recognising that the purpose of a penalty is to protect the public the Tribunal carefully considered whether the factors that had led to the offending had been satisfactorily identified and addressed. [25] Mr Woodward says that he suffered a “major depressive episode” similar t...

2. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 52 [pdf, 226 KB]

   ...Goundar: [a] Charge 1: a charge of misconduct under s 73(c)(i) and (iii) of the Real Estate Agents Act 2008 (“the Act”) (wilful or reckless contravention of provisions of the Act and Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”)); [b] Charge 2: (in the alternative to Charge 1), a charge of misconduct under s 73(b) of the Act (seriously incompetent or seriously negligent real estate agency work); and [c] Charge 3: (in the alternati...

3. LCRO 88/2018 MC v OT (24 December 2018) [pdf, 225 KB]

   ...case basis. Generally speaking, those requests have been met by giving consideration to whether a transcript of the hearing would be prepared for providing to the party making request. [37] Any request is considered by the Review Officer, with careful regard to the strict confidentiality provisions which apply to review hearings. 7 [38] A recent decision of the Supreme Court considered an application for leave to appeal a decision of the Court of Appeal which had declined a req...

4. LCRO 73/2025 PQ v KR (26 August 2025) [pdf, 223 KB]

   ...been consistently advised that his chances of success in the Company ABC litigation were very high, misrepresents the sound and consistent advice that had been provided to Mr PQ; and (u) risks of advancing the Company ABC matter to trial had been carefully and conscientiously addressed with Mr PQ and he had been cautioned to seriously consider a settlement offer; and (v) Mr PQ had rejected advice to settle at a figure which was proximate to the figure he now says he should have been pe...

5. TG v NP LCRO 190 / 2011 (1 February 2013) [pdf, 139 KB]

   ...NP appropriately invoiced CCC for fees owing and CCC paid her the $99.42 remaining in the trust account. The Committee considered that CCC was obliged to make this payment, both under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and in accordance with TG’s instruction that it be used to pay such fees. It concluded that there was no evidence of wrongdoing on the part of NP or CCC. Failure to provide obligatory information This complaint refers t...

6. Keven Investments Limited v Arthur [2011] NZWHT Auckland 45 [pdf, 135 KB]

   ................................. 15 Clearance between base of cladding and balcony surfaces ..................... 16 Conclusion ................................................................................................ 18 DOES MR SIMPSON OWE KEVEN A DUTY OF CARE ............................. 18 INTRODUCTION [1] In June 2007 Keven Investments Limited (Keven) bought a property at 38 Wakelin Road, Beachlands from Philip and Roberta Montgomery and Brian Bramwell....

7. [2018] NZEnvC 079 Maungaharuru Tangitu Trust v Hastings District Council [pdf, 2.4 MB]

   ...the Act. In particular, these three provisions are to be considered: 6 Matters of national importance In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance: ... (e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu...

8. YM v RP LCRO 238/2012 (31 March 2016) [pdf, 54 KB]

   ...a representative from the organisation Aged Concern. Ms RP’s statement was not in the form of a formal affidavit. The statement was not signed. The statement is clearly recorded by Ms RP to be a presentation of her views. [34] I have given careful consideration to the statement made by Ms RP, and the criticisms Mr YM raises. [35] A significant component of Ms RP’s statement is factual and non-contentious. [36] Matters raised in the statement which led to allegation of misleadin...

9. BORA Eden Park Trust Amendment Bill [pdf, 253 KB]

   ...‘mentally disordered’ within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 (‘MH(CAT)’). Clause 20.9(e) provides that an individual is similarly incapable if she or he is the subject of an order under the Protection of Personal and Property Rights Act 1988 (‘PPPRA’). Clause 20.8(d) provides that the appointment of a Trustee shall be vacated if the Trustee is incapable of holding office for the reasons set forth in clause 20.9. 9. For purp...

10. Jonas v The Real Estate Agents Authority (CAC 412) and Hartnett [2019] NZREADT 002 [pdf, 326 KB]

    ...assistance because the licensee was of the belief that the correct way to deal with the present transaction was to ignore the requirements of Schedule 2 and leave the table uncompleted. To depart from an agreed standard form template which had been carefully considered by persons knowledgeable about these matters, was an unsatisfactory decision and one by which the licensee exposed his principal to the potential of losing substantial amounts of money. The decision of the Committ...