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  1. [2020] NZREADT 50 - Yang v The Real Estate Agents Authority (13 October 2020) [pdf, 355 KB]

    ...vendor said no and initialled the agency agreement confirming the same. She said that when she inspected the property the disputed study/bedroom was presented as a single bedroom and that because of the size, layout, window and ventilation she formed the understanding that it was a bedroom and she had no reason to suppose that it was not a bedroom. [6] The second respondent said that having regard to the manner of presentation of the property at the time of listing and from the L...

  2. [2021] NZEnvC 046 AK Rental and Investments Ltd v Auckland Council [pdf, 556 KB]

    ...pedestrians and drivers, we proposed not one but several options. All of them, however, were unprofessionally rejected by Council. As a result of this, we are still carrying the risk of accident, which can happen at any time. 4. \Y/e many times requested Planning Manager to have independent technical review but were refused by him. 5. Commissioners for hearing were elected by Auckland Council only, and the elected commissioners are only in the field of planning, with no traffic engine...

  3. Irving and D'Cunha v CAC and Brown [2017] NZREADT 42 [pdf, 333 KB]

    ...conclusion as to the disciplinary implications of the facts. Thus the Tribunal cannot find that the vendor was not confused about the boundaries but can find facts as established amount to misconduct or unsatisfactory conduct. Further that this request was made after the sale after the complainants had already purchased the property. Therefore there does not seem to be any logical reason for any agent, even if he was trying to be deceptive, to not pass on the information from the ven...

  4. Kozlov v The Real Estate Agents Authority CAC (416) NZREADT 21 [pdf, 184 KB]

    ...correspondence with his solicitor was not before the Tribunal. Mr Kozlov submitted that the Committee should have, but did not, contact his solicitor to confirm Ms Hall’s explanation as to her going into the property after settlement, and did not request evidence of the communication Ms Hall said she had with the solicitor. [12] Ms Harkess did not oppose Mr Kozlov’s application to submit the correspondence with his solicitor. However, she noted that a portion of the email dat...

  5. Flutey v The Executors of the Estate of Jim Huirua Sullivan - Papatupu 2A No 2 (2017) 366 Aotea MB 263 (366 AOT 263) [pdf, 270 KB]

    ...including GST and disbursements for costs incurred in these proceedings. [19] The costs sought include attendances of counsel from January 2014 – March 2015 and associated disbursements ($2,204.30). Attendances including the Court application form April 2015-May 2016 (1,864.00) and attendances from June 2016-January 2017 ($1,794.00). [20] Ms Allen has provided invoices which demonstrate that the costs sought relate to these proceedings. I therefore consider the costs sought by M...

  6. [2019] NZEnvC 063 Ohau Protection Society Incorporated v Waitaki District Council [pdf, 3.1 MB]

    ...encourages public participation for notified applications and the fact that a submitter was unsuccessful at first instance should not unduly discourage testing the appropriateness of the Council's decision;14 (b) public interest factors formed the basis of OPS's case, as identified in its expert evidence. The primary argument related to whether the proposed dwelling would result in adverse effects to ONL values, as matters of national importance under s6(b) RMA and the r...

  7. [2020] NZEnvC 206 O'Reilly v Cruice Farms Ltd [pdf, 1.5 MB]

    ...a boundary adjustment in September 2019 as part of a land swap agreement with the Council to create a walkway from Ronaldsay Street to District Road. Condition 10 requires that the existing occupied building on Lot 2 be vacated, returned to its former use and not used for residential purposes prior to certification under s224(c) of the RMA.4 [5] The applicant and first respondent appear to have a history of run-ins, as traversed in the affidavit evidence, with trespass and harassmen...

  8. Puriri v Church of Jesus Christ of Latter-Day Saints Trust Board (Media Application) [2022] NZHRRT 47 [pdf, 114 KB]

    ...published unless at least 10 minutes has passed (subject to exceptions). The media applicant is required to maintain a copy of all publications or broadcasts using audio recordings taken in court and must supply a copy to the court if a judicial officer requests a copy. [20] The 2016 Guidelines provide that any party or witness in a civil hearing can apply for an order that a witness not be filmed, photographed or recorded (Guideline 11, 2016 Guidelines). Matters relevant to the judici...

  9. [2022] NZREADT 12 - D v REAA 2106 (7 June 2022) [pdf, 194 KB]

    ...April 2021 the Appellant complained to the Real Estate Agents Authority CAC 2106 (the Authority) that the Licensee, Agency 2 and the other licensee HQ, released the deposit monies to the incorrect party without his permission. [14] The Appellant requested a remedy being: (a) A refund of $29,500.00 (b) A determination as to whether Agency 2 acted correctly when releasing the deposit money. [15] The Committee decided to inquire into the Complaint. Committee Decision [16] In a de...

  10. [2023] NZEnvC 125 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 436 KB]

    ...parties’ views The applicant parties memorandum of 1 May 2023 advised that counsel for the appellants, respondent and s 274 parties had been consulted, having been provided a draft of the application for permanent confidentiality orders, and requested to advise if any party opposed or had other concerns. No party indicated that it opposes the application. However, the New Zealand Sports Fishing Council, Bay of Islands Maritime Park Inc and Ngāti Kuta, while stating that they do...