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1. Ms C v CAC 10036 & Whitehorn [2012] NZREADT 53 [pdf, 47 KB]

   ...fees for work complained about (s.93(e)); [f] Rectify or provide relief for error or omission (s.93(1)(f); [g] Fine ($10,000 for individual, $20,000 for company) (s.93(1)(g)); [h] Make business available for inspection (s.93(h)); [i] Pay costs or expense (s.93(1)(i)). [18] All of those orders can properly be characterised as positive orders which can be made by a CAC against a licensee (or their supervising agent under s.93(1)(h)). [19] However, the power of a CAC to make or...

2. Kapa - Estates of Te Whakahau Hare and Ruka Paati (2014) 72 Taitokerau MB 54 (72 TTK 54) [pdf, 131 KB]

   ...now, but it would be very useful as a Cultivation Reserve, particularly as nearly all the rest of the flat country along the river has gone to individual groups. [7] Te Whakahau Hare had participated in the investigation process by paying for the cost of a compiled plan to show this land. He claimed the land on behalf of the Hare whānau as a special cultivation area. However, as he was based in Patea, Taranaki and unable to attend the hearing, he sought an adjournment. Judge Ach...

3. Te Tii Waitangi B3 Trust (2011) 17 Taitokerau MB 294 (17 TTK 294) [pdf, 110 KB]

   ...the calibre of trustees is critical to the successful functioning of the Trust but that in the last two or three years the majority of trustees have begun to function relatively well together. [31] However, the Trust still occasionally encounters costly internal disputes that suggest a lack of commercial acumen amongst some trustees. In 2009 the majority of the trustees applied to the Court pursuant to ss 227 and 237 of the Act for an order enabling them to complete the purchase of...

4. CAC 20002 v Kitto [2013] NZREADT 70 [pdf, 41 KB]

   ...previously offered. The complainant reiterated his disinterest in the property. [15] Some days after that, the defendant went to the complainant’s house again. She gave him $1,000 which she said was to pay for the Ray White signage and advertising costs. As he had already paid these, this confused the complainant. The defendant then demanded the $1,000 back. [16] During this same visit, the defendant told the complainant he had signed an agreement to exchange his Rambler Cresce...

5. Riley & Arnoux v REAA & Carpenter & Quin [2013] NZREADT 38 [pdf, 45 KB]

   ...that both the vendors and the licensees knew that the adjoining owner, Mr Greenwood, intended to very soon implement the subdivision. [17] Ms Riley emphasised that she and her partner had needed to build a “huge” fence to obtain privacy at a cost in excess of $4,000 and put it that their property had lost its street appeal and lost value. There is no evidence before us as to loss of value. [18] The stance for the licensees is that the question from Ms Riley was simply whether t...

6. Te Pairi v Whakatane District Council - Tahora 2AD2 and Omuriwaka (2011) 33 Waiariki MB 48 (33 WAR 48) [pdf, 89 KB]

   ...Council. In attendance were the CEO of the Council, Ms Diane Turner and one of the surveyors commissioned by the Council. Interestingly, it was Mr Koning‟s suggestion that an independent surveyor be commissioned to undertake a survey and that the cost be met from the Maori Land Court Special Aid Fund. [18] A consensus was reached and the Court ordered that a survey be commissioned and a report back to the Court be provided pursuant to section 69(2) and section 98 of Te Ture When...

7. CAC20004 v Li & Ors [2015] NZREADT 6 [pdf, 179 KB]

   ...licensee, or the agent for whom the person complained about works, to make his or her business available for inspection or take advice in relation to management from persons specified in the order: (i) order the licensee to pay the complainant any costs or expenses incurred in respect of the inquiry, investigation, or hearing by the Committee. (2) An order under this section may be made on and subject to any terms and conditions that the Committee think fit.” 3 [6] In relat...

8. Henaghan & Anor v CAC 20002 & Anor [2014] NZREADT 21 [pdf, 100 KB]

   ...be made in declining to make a monetary award in favour of the complainants in respect of: [a] The difference between Ms Mao’s offer and the successful offer following the subsequent auction; [b] Interest paid on bridging finance; [c] Legal costs incurred on the complaint. Relevant Statutory Provisions on Publication [12] The Real Estate Agents Act 2008 requires the Registrar of the Authority to maintain a public register of those holding licences under the Act, which includes a...

9. Wallace v CAC 20006 & Ors [2014] NZREADT 24 [pdf, 126 KB]

   ...specification list included in the information pack”. [6] Overall, the Committee found that the licensees engaged in unsatisfactory conduct. It ordered the licensees to supply, at their own expense, the equivalent BoConcept wardrobes and to pay their cost of transport and assembly the wardrobes. Further, the licensees were ordered to pay a $500 fine. 3 The Licensees’ Application for Non-Publication [7] The licensees raise three main grounds in support of their appli...

10. Shropshire v March LCRO 64 / 2010 (28 October 2010) [pdf, 100 KB]

    ...either him or his lawyer. The Applicant submitted that an enquiry about the CSA assessment by the Practitioner could have clarified the matter quickly, and would likely have avoided the necessity of filing proceedings, and avoided the unnecessary costs and time. In the Applicant‟s view the Practitioner owed him a duty as a consumer of legal services to have been dealt with by the Practitioner with fairness and integrity. He considered that her failure to contact him in relation...