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BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2021] NZREADT 27 READT 021/2020 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN MICHAEL HENRY HARVEY Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 2001) First Respondent AND RICHARD LOWE and PETRONELLA LOWE Second Respondents Hearing: 9 April 2021, at Nelson (further submissions filed after the hearing) Tri
...the Crown to advance a Limitation Act defence. [11] On Tuesday, 6 August 2019, Mr HN provided the Complaints Service with further information. This comprised a memorandum prepared on behalf of the Crown dated 29 July 2019. The memorandum was filed in support of an application for partial strike out of Mr HN’s statement of claim. [12] Mr ZW provided a brief response to Mr HN’s complaint on 16 September 2019. 1 The Agency responsible for administering legal aid grants is descr...
...Grubb and Mr Whalen as co-trustees bought a house at 36 Point View Drive, East Tamaki Heights at auction in 2008. Before the auction, Mr Grubb took advice from two builders he knew, one of whom was Mr Whalen, inspected the house and the Council‟s file, and spoke by telephone to his daughter, who is an architect, and to the builder about the house. [2] After the auction but before settlement of the purchase, Mr Grubb arranged for a thermal imaging company, The Imaging Speci...
...interlocutory steps, the Tribunal determined that there should be an oral hearing. Mr Hakaoro had provided an affidavit from himself, and also affidavits from his wife Ms Manuna Paletu’a, and Pastor Teinapi Tauri. For the complainant, Ms BFZ also filed an affidavit, which was additional to the affidavit filed with the complaint. [36] The Tribunal is required to hear complaints on the papers, unless it is necessary to require attendances before the Tribunal. The Tribunal deals with matte...
...(as had been alleged) [JJL] had done anything to provide LV “with a cover brand” or to create “a façade … erected for its own financial benefit, giving no thought for other possible consequences”. Application for review [18] The HNs filed an application for review on 14 December 2017. The outcome sought is reimbursement of the $8,050 by [JJL] “because they were the main cause of our entrusting advance payment to LV”. [19] They submit that: (a) [JJL’s] conduct l...
...papakainga. Minute Book: H 109 24 [10J Mr Oppert also applied for termination of the Trust for failing to uphold their obligations in terms of the preamble of Te Ture Whenua Maori Act 1993. This application was not accompanied by the necessary fee, nor were there any documents in support of the application. [11] I deal with Mr Oppert's submission regarding sections 19(1)(a) and 20(d) later on, but his other submissions are discussed immediately below. Native Aboriginal Ri...
...provide it with a copy of this judgment. 28 Section 136. Costs awarded [65] The Labour Inspector seeks a modest award of costs together with disbursements, including reimbursement of the filing fee in the Court. [66] We invite the Labour Inspector to file a memorandum setting out the costs and disbursements he seeks. He is to do that within 21 days of the date of this judgment. J C Holden Judge fo...
...conduct likely to bring the industry into disrepute, in breach of r 6.3, namely facilitating payment of the full commission to Mr O’Brien personally rather than to Bayleys, depriving both Jervois and Bayleys of a share of the commission. CHARGES FILED IN THE TRIBUNAL [10] On about 18 November 2022, the charges were filed in the Tribunal. [11] Mr O’Brien and Ms Wildman both filed Response to Charge forms (dated 21 and 26 November 2022 respectively) admitting the charge of mis...
...of the tiles, sealing between the sill section of the bifold doors from the upper level lounge to the deck with sealant and drilling new drainage holes in the face of the sill section of the bifolding doors. [23] In December 2002 the owners filed a claim with the Weathertight Homes Resolution Service (”the WHRS”) and in September 2003, the WHRS Assessor, Mr Templeman, provided a report concluding that the owners’ 8 dwelling was a leaky building, he detected mould...
...partner, but says that because of what Mr Tingey had said to her, she felt she could not allow that relationship to develop. She said in evidence that she was also upset about this. [40] At the same time, Ms X and Mr Tingey were working on a file together (the A case). It was a file from one of Mr Tingey’s major clients and was one of several similar pieces of litigation of which this was the first to be going to trial, therefore was likely to have precedent value. It was als...