Search Results

1. Tukutau v Tangilanu [2014] NZIACDT 103 (01 October 2014) [pdf, 187 KB]

   ...Ltd, Lower Hutt. Adviser: In person Date Issued: 1 October 2014 2 DECISION This complaint [1] This decision imposes sanctions, following a decision upholding a complaint against Ms Tangilanu published at [2014] NZIACDT 59. The circumstances are set out fully in that decision (which can be located on the Ministry of Justice website: www.justice.govt.nz). [2] In summary the circumstances giving rise to the complaint were: [2.1] The complainant engaged Ms Ta...

2. Uia v Tangilanu [2014] NZIACDT 104 (01 October 2014) [pdf, 186 KB]

   ...challenged the allegation and the Tribunal has upheld the complaint that the agreement was not compliant. [3] The Tribunal found Ms Tangilanu failed to meet the Code of Conduct’s duties in relation to commencing the professional engagement (clause 1.5(b)). The Parties’ Positions on Sanctions The Authority [4] The Authority did not make any submissions on sanctions. The Complainant [5] The complainant sought a refund of fees and disbursement of $550, and $2,000 for costs rela...

3. Miller v The Real Estate Agents Authority (CAC 403) & Anderton [2018] NZREADT 28 [pdf, 185 KB]

   ...they wanted to make an offer. The purchasers indicated an offer of $600,000.2 Mr Jenkins’ response was that while he would present such an offer, the vendors’ expectation was closer to $700,000. The purchasers did not pursue the matter. [5] The property was not sold before the sole agency expired, and the listing became a general agency. Edinburgh continued to market it (including by conducting further open homes). An offer of $620,000 was rejected by the vendor. In mid-Ma...

4. [2017] NZEmpC 47 Singh v Trustees of the Wellington Rudolf Steiner Kindergarten Trust [pdf, 104 KB]

   ...PERKINS Introduction [1] The plaintiff, Victoria Singh, was employed by the defendant, the Trustees of the Wellington Rudolf Steiner Kindergarten Trust (the Trust). She held the position of kindergarten teacher from October 2013 until 25 February 2015. Her employment came to an end as a result of a voluntary resignation, the circumstances of which give rise to the employment relationship problem which was the subject of proceedings in the Employment Relations Authority (...

5. BX & Q Ltd v QH & HB Ltd [2023] NZDT 365 (8 June 2023) [pdf, 249 KB]

   ...that “land occupiers” must control feral rabbits on their land. “Land occupiers” is defined as including a person who physically occupies the place, whether they own it or not. Reference is made to the Regional Pest Management Plan which at clause 3.3.1 refers to responsibilities of occupiers. 36. I am satisfied that QH and HB Ltd as occupiers of the land had primary responsibility of the control of rabbits. 37. There is no requirement on a lessor of land to ensure the l...

6. CAC 20006 v Wallace [2013] NZREADT 81 [pdf, 36 KB]

   ...impose only penalties which would have been 2 available under the Real Estate Agents Act 1976, the only penalty options available to us are cancellation or suspension of the defendant’s licence and/or a financial penalty of no more than $750. [3] If considering imposing orders for cancellation or suspension under s.172 of the 2008 Act, we are required to consider the “character test” applicable under the 1976 Act. Whether or not the character test is met would be a matte...

7. GH v UF LCRO 22 / 2011 (9 November 2011) [pdf, 84 KB]

   ...owner is the O family. The Applicant and the O family decided over a long period of time to divide the property between them so that each would have a separate lot and title. It was intended that the ultimate division of land would reflect the 55% / 45% respective shareholdings of the parties, a partition based on value rather than land size. [2] UF (the Practitioner) acted for the O family. The Applicant had his own legal representation. [3] In September 2005 an on-site me...

8. Norman v The Committee of Management of Muriwhenua Inc – Muriwhenua Inc (1993) 3 Taitokerau Appellate MB 58 (3 APWH 58) [pdf, 240 KB]

   ...several matters of concern for which there may well be adequate and satisfactory explanation. 6 3~1 Common Seal. This See however The Mining Co Ltd and of the Proper t y Law Fi rst : . Second: The deed of assignment (fol 37-41) contains in clause 5 an acknowledgement that "there are as at the date of this assignme:1t no arre ars of r e rn al under the lease or anv other unremedied breach of any of the lessees covenants or conditions of the Lease" (emphasis added), This...

9. [2016] NZSSAA 64 (30 June 2016) [pdf, 187 KB]

   ...recovery and method of recovery, having regard to the directions made by the Minister relating to the rates and methods of recovery. The Ministerial Direction on debt recovery requires the Chief Executive to have regard to the following matters (at clause 4): (a) The amount of the debt. (b) The ability of the debtor to meet his needs. (c) The circumstances of the debtor. (d) Whether the rate of recovery would cause undue hardship to the debtor. (e) The effect that the rate of r...

10. RQ v TS LCRO 178/2012 (23 June 2015) [pdf, 98 KB]

    ...separation. Ms TS was at the time of receiving instructions a staff solicitor in the Law firm [Law Firm A]. [3] Ms RQ secured a grant of legal aid. [4] A settlement conference was convened and attended by the parties and their respective counsel. [5] At the conclusion of the conference, a global settlement figure was agreed. That was not the end of the matter however. Further issues arose. Ms RQ sought advice from another lawyer and engaged that lawyer to finalise her property...