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1. [2024] NZREADT 43 - TL v CAC 2204 LS Ray White (5 November 2024) [pdf, 300 KB]

   ...training at the agency, she had moved to another agency which had provided very enlightening mentorship. [28] There were submissions (11 October 2023) from the agency’s sales manager. He expressed deep regret and apologised for the lack of care which had caused distress to the vendor. It was accepted that the Form 2 process and supervision fell short of expectations. He had mistakenly relied on the experience of the listing agent. He outlined the key steps which had been tak...

2. Wall v Malone [2010] NZWHT Auckland 21 [pdf, 262 KB]

   ...6 CA121/04, 9 September 2004, Chambers J. Page | 21 Claim against Mrs Malone in Tort [52] With this particular claim, the claimants allege that Mrs Malone, as the developer of the property, breached the non- delegable duty of care she owed to the claimants in failing to exercise proper care and skill in constructing the home with sound materials and in conformity with the Building Act 1991. It was submitted that Mrs Malone should be considered in these proceedin...

3. [2010] NZEmpC 22 The Chief of Defence Force v Ross-Taylor [pdf, 55 KB]

   ...acknowledged in the agreement that she was deemed to be fully informed as to her requirements under the agreement. The defendant provided certain indemnities to the Crown and undertook to join and maintain at her cost membership of the Medical Protection Society or the Medical Defence Union (cl 17.1). She was required to meet her taxation liability and ACC levies. Either party was able to terminate the agreement on one month’s notice and any matters in dispute not settled by ne...

4. [2013] NZEmpC 158 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 102 KB]

   ...applications for security for costs were conveniently summarised by Judge Inglis in Liu: [10] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd 8 as follows: The rule itself contemplates an order for security where the plaintiff will be unable to meet an adver...

5. LQ v VN LCRO 43 / 2011 (3 May 2012) [pdf, 107 KB]

   ...his lawyer at all about the matter. She does not know what the content of those discussions were but objects in principle to any discussions taking place at all. [50] There is some basis for LQ’s objection. Rule 8 of the Conduct and Client Care Rules provides as follows: “A lawyer has a duty to protect and to hold in strict confidence all information concerning a client, the retainer, and the clients business and affairs acquired in a course of the professional relationship...

6. [2018] NZEnvC 038 Adams v Auckland Council [pdf, 534 KB]

   ...pursuant to s 156 of the Local Government (Auckland Transitional Provisions) Act 2010 ROBERT ADAMS (ENV-2016-AKL -197) R & H DUNLOP FAMILY TRUSTS (ENV-2016-AKL-242) HOUSING CORPORATION OF NEW ZEALAND (ENV-2016-AKL-232) RYMAN HEAL THCARE LIMITED AND RETIREMENT VILLAGES ASSOCIATION OF NEW ZEALAND (ENV-2016-AKL -230) Appellants AUCKLAND COUNCIL Respondent Environment Judge JA Smith sitting alone pursuant to s 279 of the Resource Management Act 1991, on the papers...

7. Nottingham v Accident Compensation Corporation (Social Rehabilitation) [2022] NZACC 212 [pdf, 214 KB]

   ...will not stop falls but minimise activities that make trigger a fall. Falls are a possibility for Mr Nottingham in the home with his knees failing him at unexpected times – The increased risk when bathing is that he will be naked getting no protection from any clothes being warn at the time. [18] On 15 June 2020, Dr Angela Kennedy completed a Clinical Advisor Referral Opinion/Recommendation, and reported: In response to your specific queries (1) no recent orthopaedic assessment...

8. [2025] NZIACDT 09 – ZZ v Wen (10 February 2025) [pdf, 247 KB]

   ...complaint and makes no other submissions. ASSESSMENT [29] The following provisions of the Code are relevant: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, and … Immigration adviser licence 14. A licensed immigration adviser must...

9. Research on the effectiveness of police practice in reducing residential burglary part 10 [pdf, 181 KB]

   ...to deal with burglary and would have liked more follow-up information from Police. Over the research period, there was some reduction in the proportion of people who thought crime was a problem, but no evidence that householders were taking greater care to secure properties or join Neighbourhood Support, or were more willing to report suspicious behaviour or burglary to Police. The household surveys and other sources of information for this research provide strong evidence that encouraging vi...

10. [2011] NZEmpC 6 Green v Transpacific Industries Group NZ Ltd [pdf, 107 KB]

    ...competition in business. As it stands, cl 7.1 purports to prohibit competition by Mr Green even in respect of customers or potential customers who are or were not customers of Transpacific. Whilst a restraint may be lawful to the extent that it protects reasonably a proprietary interest that the employer has, including in business with its customers, the law does not extend to prohibiting competition alone as cl 7.1 purports to do. Clause 7.1, if it were valid, would prohibit Mr...