Search Results

1. Stratton v REAA & Mathews [2013] NZREADT 37 [pdf, 58 KB]

   ...Stratton (who worked as an agent for CD Realty (PN) Ltd, a franchise of Bayleys) to act as the agent on the sale. Mr Mathews signed an agency or listing agreement with that company on 27 October 2007. Ms Capenerhurst did not sign that agreement. [4] Clause 4 of that listing agreement provided, among other things, that commission was payable if the property was sold directly or indirectly by the agent or through the introduction of the agent. Clause 5 provided that anyone signing the...

2. Data and Statistics Bill [pdf, 276 KB]

   ...statistics.” The Statistician can request data from an individual, public sector agency or organisation in a position to provide it (cl 22) or a public sector agency can request data on behalf of the Statistician (cl 25). 11. Once a request is made under clause 22 or 25, the recipient of the request is required to provide that data, by the date, and in the manner and form, specified in the request (cl 28(1)). 12. Failure to comply with a request for information under clause 22 or 25...

3. [2022] NZACC 195– Lisale v ACC (6 October 2022) [pdf, 190 KB]

   ...surgery for right tibia and fibula fractures and right lower leg compartment syndrome. [5] Mr Lisale applied to the Corporation for weekly compensation. The Corporation subsequently determined that the earner status extension criteria (under Clause 43 of Schedule 1 to the Act) were satisfied, and therefore assessed Mr Lisale’s compensation entitlement. Weekly compensation payments commenced on 24 September 2017 at the rate of $694.66 per week. [6] On 10 October 2017, an in...

4. AAX and AAY as Trustees of AP Trust v ZZF Ltd [2010] NZDT 18 (13 August 2010) [pdf, 87 KB]

   ...Commentary (CCH), Chs 33-170 and 23-550, D Derrington The Law of Liability Insurance (2 nd ed, LexisNexis, 2005). Of the numerous cases cited, the most helpful were those which interpreted Policies that had the same, or very similar, aggregation clauses. [17] Having given full consideration to all the cases and materials provided, I am satisfied that the extension of the definition of “event” in the HN Policy has been interpreted widely, and in such a way that various dama...

5. Dovey Property Holdings Limited – Orokawa 3B Part Lot 8 DP41892 (2013) 57 Taitokerau MB 75 (57 TTK 75) [pdf, 126 KB]

   IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT 57 Taitokerau MB 75 (57 TTK 75) A20090010125 UNDER Section 151, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Orokawa 3B part Lot 8 DP41892 BETWEEN DOVEY PROPERTY HOLDINGS LIMITED Applicant Hearing: 27 October 2009 16 April 2010 17 January 2011 13 March 2012 22 May 2012 (Heard at Whangarei) Appearances: Wayne Peters for the applicant Judgment: 05 April

6. Lim v Gu-Chang [2014] NZIACDT 77 (29 August 2014) [pdf, 103 KB]

   ...performed. [5] The Tribunal has upheld both aspects of the complaint, finding the publication was unprofessional and amounted to a disclosure of confidential information, and that the fees were not fair and reasonable. Accordingly, Ms Gu-Chang breached clauses 1.1, 1.2, and 8 of the Code of Conduct 2010 (the Code). The Complaint [6] The Registrar filed a statement of complaint, she put forward two grounds for the Tribunal to determine: [6.1] Ms Gu-Chang acted unprofessionally and br...

7. BORA Local Government Law Reform Bill [pdf, 405 KB]

   ...1974; • Local Government Act 2002; • Rates Rebate Act 1973; and • Land Transport Act 1998. 3. Most of the amendments are administrative or technical in nature. We discuss three provisions in greater detail below. SUMMARY OF ADVICE Clause 53 – New Section 356A of the Local Government Act 1974 4. The Bill amends the Local Government Act 1974 in relation to the removal of abandoned vehicles. Although this provision is at the outer limit of what constitutes a ‘seizure’,...

8. OH Ltd v NI Ltd [2020] NZDT 1320 (30 September 2020) [pdf, 194 KB]

   ...needed to see evidence from other supermarkets that these terms were not included in other contracts to be satisfied that they had been generated after the fact. In what circumstances was OH entitled under that contract to claim removal costs? 8. Clause 11.2 entitled OH to claim removal costs if the lease was terminated “for any reason other than its due fulfilment by [NI]”. 9. Clause 10 of the terms discuss what occurs in the event of a default. Amongst other things, defaul...

9. L v Conquer [2015] NZIACDT 49 (12 May 2015) [pdf, 173 KB]

   BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2015] NZIACDT 49 Reference No: IACDT 067/12 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN K Q L Complainant AND Trevor John Conquer Adviser The name of the complainant and any information identifying him or his wife is not to b

10. Nair v Standing [2012] NZIACDT 49 (30 August 2012) [pdf, 125 KB]

    ...agreement. [62] Accordingly, this aspect of the complaint must be upheld. Mr Standing’s behaviour was both misleading and dishonest, and accordingly grounds for complaint under section 44(2)(d) of the Act. It was also in breach of the Code of Conduct (clauses 1 and 5), which is also grounds for complaint pursuant to section 44(2)(e) of the Act. Demanding and retaining excess fees [63] I am satisfied Mr Standing did not provide professional services that reflected the fees and disb...