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1. Emery v REAA CAC 20002 & Anor [2014] NZREADT 33 [pdf, 75 KB]

   ...Committee’s core finding of unsatisfactory conduct was correct, irrespective of whether the licensee, or Mr Marshall, admitted that the property was mistakenly advertised in the incorrect price bracket. [42] Mr McCoubrey notes that the Act is consumer protection legislation which is made clear in s.3 of the Act which reads: “3 Purpose of Act (1) The purpose of this Act is to promote and protect the interests of consumers in respect of transactions that relate to real estate and t...

2. Complaints Assessment Committee (CAC 403) v Licensee B [2017] NZREADT 1 [pdf, 267 KB]

   ...2014.” She submitted that analysis of those statements had to be weighed against Ms A’s decision to continue working with the defendant. She also submitted that Ms A’s allegations of statements and conduct after that time were baseless or consequential. [44] Ms A did not accept that the ‘line in the sand” represented the end of the conduct she had complained about. Rather, when the point was put to her in cross- examination, Ms A’s response was that it was the “midd...

3. Territorial Authorities - MW Twose - Supplementary - 12 May 2021.pdf [pdf, 822 KB]

   ...recognise and provide for community water supply. 5. I consider the amendments proposed in this supplementary statement of evidence are within the scope of the submissions lodged by the territorial authorities and are ‘on the plan change’ as a consequential extension to the existing provisions. Community water supply is a specific topic within PC7 and I do not consider the amendments will directly affect other submitters, or any other persons. SECTION ONE: PROPOSED RDA RULE AN...

4. [2021] NZREADT 55 – Lammas v Real Estate Agents Authority (6 December 2021) [pdf, 340 KB]

   ...industry for 31 years and ought to have known better. [68] Mr Calder submits that in considering whether there has been a breach of the Act or the rules, the overarching purpose of the Act must be borne in mind. It is to promote and protect consumers and to promote public confidence in the performance of real estate work. [69] It is further submitted that, in respect of the supervision of Ms Freear, while the agency may have appropriate policies in place, if she has not in fact...

5. LCRO 103/2021 & LCRO 58/2022, LCRO 104/2021 and LCRO 105/2021 GS v ABC Ltd & HY, [Law Firm A] v ABC Ltd & HY and SW v [Area] Standards Committee [X] (24 November 2022) [pdf, 595 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2022] NZLCRO 126 Ref: LCRO 103/2021 LCRO 058/2022 LCRO 104/2021 LCRO 105/2021 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN GS Applicant AND AND BETWEEN AND AND BETWEEN AND ABC LTD and HY Responden

6. LCRO 104/2018 CJ v MV (28 February 2020) [pdf, 189 KB]

   ...fees were fair and reasonable. [93] In my view, $8,512.50, which excludes attendances relating to the unregistered notice of claim, is a fair and reasonable fee for the services Mr MV provided to Mr CJ between October 2016 and February 2017. Consequential orders – s 156 [94] A finding of unsatisfactory conduct under s 12 of the Act establishes the statutory basis on which to make consequential orders pursuant to s 156. Section 156 15 sets out the range of orders that can...

7. [2019] NZEnvC 196 Te Runanga O Ngati Awa v Bay of Plenty Regional Council [pdf, 2.5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Decision No [2019] NZEnvC IN THE MATTER of the Resource Management Act 1991 AND of three appeals under section 120 of the Act AND an application for declarations under s 310 of the Act BETWEEN TE RONANGA O NGATI AWA (ENV-2018-AKL-000133) NGATI TOWHARETOA (BOP) SETTLEMENT TRUST AND AND AND AND (ENV-2018-AKL-000134) SUSTAINABLE OTAKIRI INCORPORATED (ENV-2018-AKL-000135) Appellants SUSTAINABLE OTAK

8. Cabinet paper - Tyson Gregory Redman application for compensation for wrongful conviction and imprisonment: next steps [pdf, 4.4 MB]

   ...[CAB-17-MIN-0493, paragraphs 7 - 8]: 9 50.1. The total amount of compensation assessed by Dr Stevens for non­ pecuniary losses ($327,311.43) should be multiplied by the change in the relevant inflation index; 50.2. The relevant index was the Consumer Price Index (All Groups CPI / index SE9A), which reflects the change in purchasing power over any specified period; 50.3. The starting point for inflation adjustment should be July 2000, when the $100,000 benchmarks in the Additional...

9. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]

   ...installation of a home heating system on the basis that the clause was buried amongst thirty clauses on one page in very small font. However, the clause in that case was not only considered to be hard to see but was related to services supplied in a consumer context, where exclusion of liability is unexpected and usually not possible in a setting regulated by statutory consumer guarantees. By contrast, in this case, clause 46 appeared in a commercial setting, was in an easily readable p...

10. [2021] NZIACDT 3 - DY v Parker (25 February 2021) [pdf, 219 KB]

    ...fine would be appropriate. In the circumstances, that could be towards the lower end of the possible range. One of the key objectives of upholding professional discipline has been met as Mr Parker acknowledged his central error of judgement and consequentially amended the management of his practice following receipt of the first complaint against him in 2019. [24] Mr Moses points out that while the total fees agreed were $40,000, only $10,000 was paid. The work of preparing a...