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1. BE v W Ltd & KN [2024] NZDT 885 (15 December 2024) [pdf, 240 KB]

   ...he had a fiduciary duty to his client, IL. KN said that was his primary duty. I realise there is a difficulty for a real estate sales person negotiating the competing duties to the client and to potential purchasers. However, the FTA is consumer protection legislation. In this case, IL has had the benefit of KN silence in respect of the encroachment, to BE’s disadvantage. BE is entitled to the protection of the FTA. 21. I have also taken into account the respondents’ submission...

2. [2025] NZIACDT 33 - KM v Jiang (16 June 2025) [pdf, 242 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...

3. TC & QC v FT & TT [2025] NZDT 71 (6 March 2025) [pdf, 237 KB]

   ...the reasons noted above, I have made a finding that there was no misrepresentation made by FT and RT to QC under s35(1)(a) of the CCLA. That is the only basis on which a private purchaser can claim damages from a private seller, because the consumer protections provided by the Consumer Guarantees Act 1993 do not apply to private sales of goods. (d) I am satisfied that the [vehicle] does not need to be fixed immediately and is driveable as is (for the reasons noted above). While I acknow...

4. IPT 2021-22 Annual Report [pdf, 526 KB]

   Immigration and Protection Tribunal Annual Report 2021/2022 Judge Martin Treadwell Chair December 2022 2 Introduction The Immigration and Protection Tribunal was established under section 217 of the Immigration Act 2009 (the Act). Section 224A of the Act requires the Chair of the Tribunal to provide an annual report to the Minister of Justice, the Minister of Immig...

5. IPT-Annual-Report 2022 -2023 [pdf, 416 KB]

   Immigration and Protection Tribunal Annual Report 2022/2023 Judge Martin Treadwell Chair December 2023 2 Introduction The Immigration and Protection Tribunal was established under section 217 of the Immigration Act 2009 (the Act). Section 224A of the Act requires the Chair of the Tribunal to provide an annual report to the Minister of Justice, the Minister of...

6. Julian v Inia - Succession to Moehuarahi Te Ruuri [2021] Chief Judge's MB 1095 (2021 CJ 1095) [pdf, 397 KB]

   ...Moehuarahi’s will was never granted probate and the opportunity to challenge its contents was never afforded to her children; (c) The failure of the Court to take into account the moral duty of the deceased to provide for all her children under the Family Protection Act 1955; and (d) The failure of the Court to declare and deal with any appearance of bias, due to His Honour’s involvement with the deceased’s husband’s estate. [3] The application was opposed by the trustees of...

7. Recommendations Recap Issue 18 [pdf, 736 KB]

   Recommendations Recap A summary of coronial recommendations and comments made between 1 October and 31 December 2018 Office of the Chief Coroner | 2018 (4) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a

8. [2024] NZEnvC 198 Middleton Family Trust v Queenstown Lakes District Council [pdf, 984 KB]

   ...Mr Farrell agrees.20 [52] Messrs Kyle and Geddes oppose the specification of a 100m setback. They consider “a more nuanced approach” is required because they consider there may be locations within this setback area that are well suited for carefully designed residential development which would successfully align with the matters in proposed Pol 24.2.1.5, and the other relevant policies in PDP Ch 24 that are collectively assessed with full discretion. In the event the court con...

9. [2024] NZEnvC 281 Save The Maitai Incorporated v Nelson City Council [pdf, 294 KB]

   ...information requirements within X.12 should be added, as it is proposed to apply to earthworks.23 We agree that cross-reference should be added. Policy RE6.4 [28] STM notes that the court commented that policy RE6.4 is narrower in focus than protection of the values of the relevant water bodies. The JWS states that with the addition of the new clauses in policy RE6.3, the narrowness of the policy may be less of a concern.24 STM does not agree, and submits further amendments a...

10. Miller v REAA & Robinson [2013] NZREADT 14 [pdf, 84 KB]

    ...rejected that proposition and Mr Collins threatened to complain to the Real Estate Agents Authority if Edinburgh proceeded to seek the balance of the commission. In fact, Edinburgh so instructed its solicitors to proceed. [25] The appellant was carefully cross-examined on behalf of all parties. We understood that if the licensee had not left Edinburgh then the latter would have got 50 to 70 percent of the total commission of $25,000; but it has worked out that Edinburgh has receive...