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1. [2006] NZEmpC AC 58/06 McLean v Buy West Reality Ltd [pdf, 118 KB]

   ...other salespeople’s listings per week and review them at sales meetings. He was to report monthly to the licensee to review office performance for the previous month and plan for future performance improvements. [14] Remuneration was a base fee of $4,000 a month for performing the services of branch manager as an independent contractor plus a manager’s bonus of a 20 percent share of the monthly branch profit and 70 percent of any listing or selling commission. [15] Under th...

2. LCRO 113/2013 AB v EF (3 August 2017) [pdf, 145 KB]

   ...termination and rejected all causes of action pleaded by Mr EF. [8] Mr AB then instructed different counsel to appeal the District Court judgment which was also unsuccessful. Mr AB’s complaints and the Standards Committee decision [9] Mr AB filed a complaint with the New Zealand Lawyers Complaints Service (the Complaints Service) in June 2012. [10] The Standards Committee in its decision distilled Mr AB’s complaints as being that Mr EF:2 (a) Failed to act competentl...

3. [2017] NZEnvC 142 Nelson City Council [pdf, 937 KB]

   ...amalgamate the closed road into an adjoining "Local Purposes (Recreation) Reserve" when, according to BVCGI, there was an issue as to whether or not such a reserve should exist at all; • Justine Dando McDonald, who supported the objection filed by BVCGI; • Steve Cross, who similarly supported the position of BVCGI. [5] Following lodgement of the application with the Court BVCGI filed a notice of its intention to participate in the proceedings pursuant to s 274 Resour...

4. Canterbury Westland Standards Committee 2 v Woodward [2020] NZLCDT 9 [pdf, 116 KB]

   ...provision of regulated services. A seventh charge was withdrawn by leave. [2] Following the penalty hearing on 4 December 2019, the Tribunal suspended the practitioner for nine months, and made directions concerning an undertaking which he was to file with the New Zealand Law Society (“NZLS”). The Tribunal reserved its reasons for the decision. This judgment formulates those reasons. Background [3] As set out in the submissions for the Standards Committee there are two th...

5. Alves v Accident Compensation Corporation (Claims Process) [2023 NZACC 197] [pdf, 162 KB]

   ...the following: I want full reimbursement for all the expenses I had to gather more and more medical evidence requested by ACC which ACC insistently deemed to be insufficient but the Judge considered to be more than enough. That includes doctors fees, examines costs, travel expenses when needed to consult with specialists from out of town and loss of pay due to missing work days. This amount would have to be corrected for three years worth of inflation. I want compensation for th...

6. [2023] NZREADT 17 - UM v REAA (26 July 2023) [pdf, 250 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2023] NZREADT 17 Reference No: READT 017/2022 IN THE MATTER OF An appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN UM Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 2103) First Respondent AND NED GOW Second Respondent AND SU Third Respondent Tribunal: D J Plunkett (Chair) G J Denley (Member) P N O’Connor (Member) Representation: The

7. Van Den Bosch - Te Whiti South Lands Trust (2002) 55 Wairoa MB 280 (55 WAI 280) [pdf, 615 KB]

   ...of rehearing the application or the parties agreeing to my issuing a decision on the basis of the record of proceedings held on the Court file. Agreement as to the latter course of action was reached and the parties were given the opportunity of filing further submissions. Mr Blathwayt did so. Mr Gartner declined this offer but sought leave to file evidence as to a further abatement of rent from 1 June 2002. I declined to accept further evidence as by agreeing to my issuing a decisi...

8. [2022] NZIACDT 2 - TC v Registrar (11 February 2022) [pdf, 198 KB]

   ...and his family being unlawful in New Zealand, which meant they had to pay a large public hospital bill for his wife’s surgery. [21] On 5 February 2021, the Authority wrote to the adviser notifying him of the complaint and seeking his client file. The adviser provided the file on an unknown date. Registrar dismisses complaint [22] On 17 September 2021, the Registrar advised the appellant that the complaint disclosed only a trivial or inconsequential matter and would not be pur...

9. Mhatre v Gokhale [2017] NZIACDT 13 (29 August 2017) [pdf, 130 KB]

   ...and a partnership-based temporary visa application on his behalf, and that the latter had been returned by Immigration New Zealand on 5 November 2016. [1.9] On 8 February 2017, the Authority sent the adviser a letter requesting her client’s file to process the complaint. She did provide a copy of her file, but it did not include a copy of the post-study work visa application or the partnership-based temporary visa application. [2] Based on those facts the Registrar identified...

10. Williams v Trustees of Parahirahi C1 (2005) 37 Kaikohe MB 212 (37 KH 212) [pdf, 6.5 MB]

    ...the hustees actions also resulted in U1mecessary ill will and animosity among the parties. In my view, it also contributed, in part, to the less than expeditious hearing of the applications. It has resulted in a massive amount of material being filed with the Court that has required careful analysis and shifting before a judgment could issue. It has required time and energy, which the Court, already stretched, has found difficult to find in a block sufficient in size to complete thi...