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1. ENVC Hearing 27Jul15 AC suppl evidence Nicole Bremner [pdf, 180 KB]

   ...15 RMA terms. The condition requires minor amendment to make this distinction clearer – i.e. it should refer to section 16 of the RMA. I would also take the opportunity to suggest the addition of the words "at the Consent Holder's cost" at the end of the introductory line, in order to replace similar wording that has been deleted from condition 5.1 of Council's s87F version of conditions. 31594581:629148 b. Condition 6 (Construction in Accordance with...

2. McLachlan v CAC 10048 & Hegan [2012] NZREADT 39 [pdf, 51 KB]

   ...was to tell the appellant that he was free to list with another real estate company as the MacPherson exclusive listing authority had expired. The licensee then said in his evidence-in-chief: “(34) I did not make any comment regarding fees or costs. I did not tell the appellant that there were no fees or obligations. I am fully aware that our listing agreements allow MacPhersons to claim commission when any buyer introduced by me ends up purchasing the property, even if the purch...

3. Peters v Wellington Combined Shuttles (Application by Defendant that Jurisdiction be Declined) [2013] NZHRRT 21 [pdf, 69 KB]

   ...(a) to provide information to members of the public who have questions about discrimination; and (b) to facilitate the resolution of disputes about compliance with Part 1A or Part 2, by the parties concerned, in the most efficient, informal, and cost-effective manner possible. (2) The Commission has, in order to carry out its function under subsection (1)(b), the following functions: (a) to receive and assess a complaint alleging that there has been a breach of Part 1A or Part 2, or...

4. Justice Matters - issue 02 - March 2016 [pdf, 1.8 MB]

   ...the historic building. The courthouse was closed in 2011 after engineers found parts of it fell well short of the minimum 34% rating required under the current New Building Standard (NBS) for earthquake strength design. The project’s estimated cost is more than $15 million. It will include seismic strengthening to between 60% and 70% NBS and a refurbishment in line with our goal to modernise New Zealand’s court services. We’ll call for tenders within the next 4 months and...

5. Director of Proceedings v Pasifika Integrated Healthcare Ltd [2015] NZHRRT 25 [pdf, 177 KB]

   ...above declaration based on the facts set out in the agreed summary of facts, and the non-publication order sought in paragraph 3. 5. The other aspects of the relief claimed by the plaintiff, that being: (a) damages pursuant to s 57(1); and (b) costs have been resolved between the parties by negotiated agreement. 6. The defendant does not seek any order prohibiting publication of the defendant’s name. [4] Having perused the Agreed Summary of Facts the Tribunal is satisfied on the...

6. DS v WH LCRO 163 / 2010 (16 August 2011) [pdf, 92 KB]

   ...the matter be properly and honestly investigated and the decision reversed or modified. [8] In his original complaint to the Complaints Service, the Applicant sought an apology and an order that the Crown apply to recall the judgment, as well as costs. It must be noted that neither the Standards Committee nor this Office have any power to order the Respondent to apply for a recall of the judgment and the focus of this review is on the conduct of the Respondent. Procedure [9] Th...

7. AP v RE LCRO 322/2012 (22 August 2014) [pdf, 58 KB]

   ...Practice Guidelines dated July 2012. 8 [39] I acknowledge that Mr RE sincerely believed that he had not been in breach of his professional obligations and in the circumstances I do not consider that I should exercise my discretion to award costs against him in accordance with s 210(3) of the Lawyers and Conveyancers Act 2006. Comment [40] Conveyancing practice in New Zealand relies heavily on solicitors’ undertakings and as Duncan Webb says in his text, “…the conti...

8. Adams & Anor v Easthope & Ors [2014] NZWHT Auckland 2 [pdf, 110 KB]

   ...involvement in the construction of the Bell Terrace property. [12] Mr Sayles then visited the Adams’ property on a number of occasions prior to the building contract being completed and signed. Mr Adams believes this was to size up and cost the job. Mr Sayles accepts he made these visits but says he only went to see whether the floors could be made level as if they could not Gemini would not take on the building project. 5 [13] Mr Adams however notes that Mr Say...

9. AI v AJ LCRO 01/2012 (21 November 2014) [pdf, 53 KB]

   ...paid to Mr AK. June 2011. Mr AK could not progress the court matter without being certified to practice. Fresh counsel had to be instructed. [13] Dr AI approached Mr AJ to assist with recovering the fees paid to Mr AK, together with Court costs that Dr AI had been ordered to pay. [14] Mr AJ instructed Mr AK to seek independent legal advice. The complaint and the Standards Committee Decision [15] On the 28th [16] The complaint against Mr AJ can be summarised as follows: o...

10. [2017] NZEmpC 166 Sawyer v VC of Victoria University [pdf, 425 KB]

    ...made. The balance of convenience favours not ordering a stay. Overall interests of justice [52] Weighing up these matters I am satisfied it is not in the interests of justice for a stay to be granted. [53] The application is dismissed. [54] Costs are reserved. K G Smith Judge Judgment signed at 3:50 pm on 21 December 2017.