Search Results

1. LCRO 145/2015 and 148/2015 YK v GS and GS v YK [pdf, 407 KB]

   ...significance. The Committee correctly noted that the arrangement put in place by Mr YK made it difficult to provide a clear accounting of the funds. The payment arrangements for the retainer were unusual. The reasons as to why it is necessary, for the protection of clients, for funds received on account of fees to be paid into an audited trust account, are so well understood that I need traverse them no further here. [76] Mr YK’s indication that he has now put in place arrange...

2. INZ (Calder) v Cleland [2019] NZIACDT 25 (3 May 2019) [pdf, 252 KB]

   ...Skype interview. He accepted that he had failed to confirm to the clients when the application was lodged. He denied having relied on unlicensed individuals to provide immigration advice and denied having failed to perform his services with due care and diligence. [42] According to Mr Cleland, he had already admitted his shortcomings in his relicensing application and had received a warning concerning this. The complaint provided further evidence of the same shortcomings which...

3. [2021] NZREADT 37 Watson (20 July 2021) [pdf, 212 KB]

   ...“on balance” that Ms Berry had not represented that there was an accepted “verbal” offer for the property and that, therefore, she had not breached any provision of the Act or the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). Non-disclosure of issues4 [11] The Committee noted the appellants’ concern that Ms Berry did not provide them with the disclosure statements until two days after the building inspection, that is, Sunda...

4. LCRO 130/2022 FN v EO (31 October 2023) [pdf, 261 KB]

   ...time recording programme, or continues to invoice on a fixed fee basis at the commencement of a retainer, but I urge Mr FN to take note of the comments in this decision about those practices. I also trust that Mr FN recognises the need to comply carefully with the requirements of rr 3.4 and 3.5 of the Conduct and Client Care Rules, and to report regularly to his clients. [125] In the circumstances, in this instance, there will be no publication order other than the anonymised publi...

5. FN v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 199 [pdf, 288 KB]

   ...believes that her situation further deteriorated and apparently a referral to the Spinal Unit was made and she was not able to be accommodated. The situation has become quite dire and she has been at home essentially immobile requiring 24-hour care from her elderly mother. She has an indwelling catheter and has had problems with her bowels. She has had very limited use of her upper limbs and not being able to feed herself other than using a modified utensil in her right hand. She...

6. MOJ0504-Making-parenting-arrangements-workbook-te-reo-Maori.pdf [pdf, 2.8 MB]

   ...ka kitea e koe he kōrero anō mā te matawai i te waehere QR, te whai rānei i tēnei hono: justice.govt.nz/consent-order Waea atu ki Te Tāhū o te Ture i 0800 224 733 Matawaitia ahau mā tō kāmera waea https://www.justice.govt.nz/family/care-of-children/parenting-through-a-break-up/agree-on-a-parenting-plan/apply-for-a-consent-order/ 23 Ka aha mēnā kāore i te whāia tētahi mahere tiaki tamariki Ka taea e koe te: Me kōrero ki te tangata kāore i te whai i te mahere Ko te...

7. Tan v New Zealand Police [2016] NZHRRT 32 [pdf, 327 KB]

   ...the CCDHB “make up its own mind about this Tan woman”. This suggested ill-will or malice in relation to Ms Tan and her brother. [49] Having seen and heard Mr Woodley give evidence we do not accept these criticisms. His evidence was given in careful, balanced, measured and accurate terms. When asked by Ms Ternent for a copy of the search warrant or production order he responded (without hesitation) there had been insufficient evidence to obtain such orders. He did not equivocate o...

8. The Treaty of Waitangi Past and Present Resource [pdf, 21 MB]

   ...the Pakeha . arrived, Maori lived in all parts of our country. Life was hard, but the land, bush, rivers, lakes and oceans provided food and resources for the people. Home/kainga The kainga was where the fires burned. The land, whenua, was protected. Rivers, forests and hills were all important places. They provided shelter and food and were given special names. The names were a way of recording history. They would remind people about ancestors or events from many years ago. The...

9. [2020] NZEnvC 009 Maypole Environmental Limited v Kapiti Coast District Council [pdf, 7.2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 9 of the Resource Management Act 1991 of an appeal under cl 14 of the First Schedule to the Act MAYPOLE ENVIRONMENTAL LIMITED (ENV-2018-WLG-000008) Appellant KAPITI COAST DISTRICT COUNCIL Respondent Environment Judge B P Dwyer Environment Commissioner D J Bunting at Wellington on 30 January 2020 Counsel/ Appearances: P Tan

10. Folwell & Anor as Trustees of the Paul and Pauline Folwell Family Trust v NC Developers Ltd 2010] NZWHT Auckland 11 [pdf, 269 KB]

    ...way reduces or removes their liability. The reasoning for this submission was because Mr England was contracted to carry out the relevant work through his building company, and that as such he therefore did not owe and should not owe a duty of care to the claimant Trust. [55] Mr Beattie also submitted that NC Developers Limited did not owe a duty of care to the claimant Trust as its contract was not with the claimants but with Mercury Construction Limited. That submission...