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1. Kumandan v REAA & Paul [2012] NZREADT 15 [pdf, 206 KB]

   ...On 10 June 2009 Great North Road Investments entered into an agreement to sell this property to Desray Riedel for $580,000 with a $12,000 deposit payable upon the agreement being declared unconditional. This agreement was somewhat unusual in that Clause 9.4 (a clause that gives the vendor remedies to cancel or sue if the agreement does not settle) had been crossed out and initialled. The deposit was paid to Mr Kumandan, who took his commission. [18] On 22 June Mr Kumandan on-sold the...

2. Sandy v Khan LCRO 181 / 2009 (25 December 2009) [pdf, 106 KB]

   ...was conditional on “the Purchaser obtaining a registration of TAANZ bonding and staffing confirmation by 8 August 2008”. Ms Sandy says that she thought that this meant simply a transfer of her bond in due course. This, however is not what the clause states. It is clear that the time frame provided for in that clause was far too short and that (regardless of the default issues) there was no realistic possibility of that being effected in four days. It is on the basis of the failu...

3. Campbeltown v Dunoon LCRO 129 / 2009 (11 November 2009) [pdf, 85 KB]

   ...„dishonourable‟) or if the default can be said to arise from negligence such negligence must be either reprehensible or be of such a degree or so frequent as to reflect on his fitness to practise. (Atkinson v Auckland District Law Society NZLPDT, 15 August 1990; Complaints Committee No 1 of the Auckland District Law Society v C [2008] 3 NZLR 105). Conduct unbecoming could relate to conduct both in the capacity as a lawyer, and also as a private citizen. The test will be whether...

4. VW v AR LCRO 110 / 2012 (12 December 2012) [pdf, 146 KB]

   ...which a search of the Council records would have revealed; 3 the Practitioner should have committed the landlord to a specific rental increase, in writing; and the Practitioner failed to negotiate a “business turnover warranty clause” in the Agreement for Sale and Purchase. [10] The Applicant also commented upon the Practitioner’s [August] 2011 letter, suggesting that none of the Practitioner’s explanations excused the fact that he was negligent in his...

5. Trustees of the JS & AJ Hamilton Family Trust v Complaints Assessment Committee 403, Amelia (Margaret) Reeve, Fleur Allinson & Kim Franklin [2017] NZREADT 54 [pdf, 229 KB]

   ...that it was “basic” that a licensee should draw a purchaser’s attention to any change in the chattels being sold, and in failing to do so, Ms Reeve had breached r 5.1.6 [12] The Committee found that Ms Allinson’s failure to include a clause recording that the second agreement was a back-up offer and subject to the trustees’ offer failing to become unconditional was a very basic failure of the skill and care required of real estate salespeople, and that all reasonably c...

6. Panchalingam v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 196 [pdf, 185 KB]

   ...November 2010, GP notes recorded that Mr Panchalingam had had lower back pain since August 2010, and that this had flared a few days before. [4] In July 2012, Mr Panchalingam twisted his mid-thoracic spine when lifting a box of vegetables. [5] On 26 September 2013, Mr Panchalingam felt pain in both shoulders while lifting heavy boxes. [6] On 27 September 2013, Mr Panchalingam saw Dr Dexter Loos, GP. Dr Loos diagnosed sprain of Mr Panchalingam’s shoulder joint, and an ACC in...

7. Windle v The Island Grocer Ltd [2025] NZHRRT 23 [pdf, 506 KB]

   ...the requirement to wear a mask if a person was under 12 years old or had a physical or mental condition or disability that made wearing a face covering unsuitable.3 [6] At 11.59pm on 18 August 2021 the Order was amended by the addition of two new clauses 17A and 17B. New cl 17A required all people to wear face coverings in supermarkets, dairies, pharmacies, food banks, hardware and do-it-yourself stores and in various other situations. New cl 17B specified the exemptions which applied...

8. Trustees of Paenoa Te Akau Trust v Taupō District Council - Paenoa Te Akau (2014) 108 Waiariki MB 261 (108 WAR 261) [pdf, 225 KB]

   ...IN THE MATTER OF Paenoa Te Akau Block BETWEEN AND TRUSTEES OF PAENOA TE AKAU TRUST Applicant TAUPŌ DISTRICT COUNCIL Respondent Hearings: 90 Taupō MB 89 dated 29 September 2009 17 Waiariki MB 258 dated 10 September 2010 80 Waiariki MB 176 dated 22 July 2013 86 Waiariki MB 229 dated 12 November 2013 99 Waiariki MB 102 dated 1 April 2014 100 Waiariki MB 8 dated 26 June 2014 (Heard at Taupō) Appearances: Ms Terena Wara,

9. [2024] NZEnvC 052 Lakeside Developments 2017 Limited v Waikato District Council [pdf, 368 KB]

   Lakeside Developments 2017 Ltd v Waikato District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 052 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN LAKESIDE DEVELOPMENTS 2017 LIMITED (ENV-2022-AKL-000052) Appellant AND WAIKATO DISTRICT COUNCIL Respondent AND KIWIRAIL HOLDINGS LIMITED Section 274 party Court: Alternate Envi

10. Waikato Bay of Plenty Standards Committee No. 2 v Mr M [2016] NZLCDT 24 [pdf, 46 KB]

    ...various charities aligned with this area for her entire working life, as reported by Mr M. [9] As stated in the introduction Ms G executed an EPA on 25 May 2012 appointing Mr M as her Attorney. The terms of the EPA were standard. The particular clauses which have been under scrutiny are Clauses 6 and 7 which read: Attorney’s power to benefit self and others 6. I authorise my attorney to do the following when acting on my behalf when I am mentally incapable: 4 • mak...