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1. [2018] NZEnvC 040 Tasman District Council v Ashton [pdf, 376 KB]

   ...costs where full or close to full costs are awarded. [22] In this instance, the Council seeks a costs award in the elevated category being in the order of 66 percent of costs incurred. I record that this figure has been established by invoices filed with the costs application. [23] Section 285 is couched in broad terms and bestows a wide discretion on the Court. It is well-recognised that the discretion must be exercised on a principled basis and that "a costs award should not...

2. Complaints Assessments Committee (CAC 409) v Wong NZREADT 16 [pdf, 175 KB]

   ...Agency’s office premises, he allowed Mr Ganesh to take listing agreement forms carrying the Agency’s branding. Mr Wong also allowed Mr Ganesh to use the Agency’s trust account for real estate transactions, on the basis that he would receive a fee of six percent of the commission received by Mr Ganesh on each transaction. [6] In late July 2015, the Real Estate Agents Authority (“the Authority”) received a complaint made by Mr Newal Singh against Mr Ganesh and his daughter...

3. LCRO 219/2016 and 224/2016 AL v UT (24 January 2019) [pdf, 162 KB]

   ...Assignment prior to settlement of the purchase. She says that she advised Ms AL as soon as she became aware of the fact that a claim had been paid out “but nothing was done”. [14] Ms UT claims the amount of the EQC payment ($12,407.66) and the fee of $172.50 rendered by the Estate solicitors. She also seeks compensation in the form of interest on the amount of the EQC payment for a minimum period of three years. The Standards Committee determination [15] The Committee iden...

4. PSPLA - Form E: Company Officer form [pdf, 282 KB]

   ...fully completed form Completing this form • Print clearly in CAPITALS • Use a black pen or blue pen to complete this form • Answer every question on the form unless the instructions tell you otherwise Payment information There is no filing fee with this application. Application process In normal circumstances it will take 2 months to hear the outcome of the company application, once all company officers have sent in a company officer form supporting a company...

5. Affidavit accompanying Jumpjet's Application to Strike Out (17 November 2018) [pdf, 3.1 MB]

   ...~i~elnnexed affidavit of ............................................................. sworn at Hutt Valley District Court this .J~ .... day of....t:-!~ ....... ~ ........... 20 .... \ .~ .... before me. The question of liability in an accident 33,000 feet in the air can beil't1~ffl.n--~especially when it is the result of a violent conflict. In the aftermath of the plane crash that killed all 298 people aboard Malaysia Airlines Flight 17 on Thursday, the victims' families a...

6. [2021] NZREADT 39 - Lee (29 July 2021) [pdf, 243 KB]

   ...to respond to the charges against him, causing the Committee and the Tribunal to expend unnecessary time and resources. [18] Ms Wisniewski advised that Mr Lee’s licence has recently been cancelled on the grounds of his failure to pay annual fees. Accordingly, she submitted, cancellation or suspension of Mr Lee’s salesperson’s licence is not available as an element of the penalty to be imposed. She submitted that an order to pay a fine is the appropriate remedy. Discussio...

7. SW v Standards Committee LCRO 371/2013 (14 September 2015) [pdf, 104 KB]

   ...Whether Mr SW may have had a conflict of interest in respect of the services provided. 3 • A consideration of Mr SW’s decision not to advise the [X] Bank of the advance by Mr TX to Mr UY and Ms VZ. • Mr SW’s failure to keep adequate file notes. • Concerns raised by Judge [AB] in his judgment of 12 February 2013, concerning Mr SW’s professional conduct. [15] Mr SW, in a response to NZLS on 18 August 2013, advised that: • He had no reasonable grounds to decline...

8. [2024] NZEmpC 247 Courage & Ors v Attorney-General & Ors and EMPC 85/2022 Pilgrim & Ors v Attorney-General & Ors [pdf, 235 KB]

   ...Shepherd for lost wages, penalties, and other entitlements from the Authority to the Employment Court.7 [4] Further, by way of background and in parallel to the plaintiffs’ personal grievance and wage arrears claims, the Labour Inspector has filed a claim for serious breaches of minimum entitlements, compensation orders, and pecuniary penalties in relation to the plaintiffs in both proceedings. Counsel for the plaintiffs has also confirmed an intention to seek pre-commencement di...

9. Te Rūnanga o Ngāti Awa v Paul - Otara o Muturangi (burial ground) (2014) 2014 Chief Judge's MB 615 [pdf, 291 KB]

   ...East Brewster, Barristers & Solicitors, DX JP 30017, PO Box 1742, Rotorua 3040 bidois@eastbrewster.co.nz mailto:spencer@kwlaw.co.nz mailto:bidois@eastbrewster.co.nz 2014 Chief Judge’s MB 616 Introduction [1] This application was filed by Te Rūnanga o Ngāti Awa (the applicant), a Māori trust board established pursuant to Te Rūnanga o Ngāti Awa Act 1988 for and on behalf of Ngāi Te Rangihouhiri, Ngāti Hikakino, Taiwhākaea and Te Tarawera. The application seeks...

10. [2019] NZEmpC 45 Chambers v Pelabon [pdf, 347 KB]

    ...Wellington) Appearances: G Chambers as representative for Allen Chambers Ltd, and in person B Laracy, advocate for the defendant Judgment: 18 April 2019 JUDGMENT OF JUDGE B A CORKILL Introduction [1] The plaintiffs filed a de novo challenge to a determination of the Employment Relations Authority (the Authority) in which compliance orders were granted against them, and a company with which they were associated, Zumo Retail Nelson Ltd (ZRNL); it was...