Search Results

1. CAC304 v Drever [2016] NZREADT 27 [pdf, 163 KB]

   ...for the Tribunal to consider the facts in order to judge whether or not there is any similarity in the evidence between each of the diverse particulars to see if they suggest a common course of conduct. The Tribunal has the statements of evidence filed by the Complaints Assessment Committee. The first complaint by Mr and Mrs Deyermond arises out of a sale in early 2013. The allegations made by the complainants are around Mr Drever’s conduct in managing the sale process and alleged fa...

2. SW v RD LCRO 2/2012 (24 September 2015) [pdf, 62 KB]

   ...unsuccessful, and it is appropriate that he contribute to the costs of this review, which are otherwise defrayed across all New Zealand lawyers. A review hearing was convened to consider Mr SW’s application for review. The Guidelines say the standard fee for a hearing in person is $1,200. It is appropriate that Mr SW pay that amount pursuant to s 210 of the Act. Orders [50] Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the Committee’s decision is modified...

3. AG v ZT LCRO 159 / 2010 (18 February 2011) [pdf, 107 KB]

   ...Practitioner submitted that she was required to follow the instructions of her client. The Practitioner stated that H had been determined to leave nothing to the Applicant. 4 Considerations [14] I have considered the Standards Committee file and also the evidence of the parties at the review, as well as submissions made by the Practitioner’s counsel. [15] H consulted the Practitioner to make the will after she had been diagnosed with terminal cancer. The Applicant d...

4. The Elected Representatives v Hauraki Maori Trust Board (2007) 127 Waikato MB 163 (127 W 163) [pdf, 2.7 MB]

   ...that, at this stage the Court has been asked for a non-binding ruling in order that parties can then proceed to a mediation process. The hearing for the non-binding ruling is set down for 2 days. The application for costs is in relation to legal fees and the time and disbursement costs of preparing evidence for that hearing. It may be that the mediation does not result in a resolution and that further hearings will be required as a result. Nevertheless we are at a very preliminary s...

5. Stone v Real Estate Agents Authority (CAC 408) & Lim [2017] NZREADT 23 [pdf, 218 KB]

   ...her some course material. She did so, and Mr Stone touched her back and did not let her leave the carpark. [10] Ms Lim also told the facilitator that Mr Stone had failed her in one of the units and asked her to pay an additional $69 re-sit fee. She did so, but the school told her that the payment was received but never registered through the school. She believed that Mr Stone had kept the payment for himself. [11] Ms Lim told the facilitator that she had not reported the inci...

6. [2018] NZSSAA 33 (18 July 2018) [pdf, 161 KB]

   ...placed on it, and the extent of relief available to the appellant following those findings. [4] The question is now before the Authority pursuant to the consent order of the High Court dated 5 May 2016. That order followed a joint memorandum filed by the parties, and the joint memorandum is referred to in the order. This order of the High Court formulated the issues for the Authority in the following way: 46.2 The matter is remitted to the Authority under High Court Rule 21.14(b)...

7. Te Manutukutuku Issue 26 [pdf, 3.1 MB]

   ...and progress? ... should Tribunal members be appointed in consultation with Maori? ... should the Tribunal be able to decline to hear tribal claims that have been brought without an appropriate tribal mandate? Presently "any Maori" may file a claim. Those are matters of policy that require statutory modification if they are to be implemented. The most common complaint has been however that the Tribunal is not sufficiently resourced to hear claims expeditiously and that res...

8. [2022] NZACC 184 — Simpson v ACC (27 September 2022) [pdf, 233 KB]

   ...percentage, decreasing from 79% in the 2016 year to 71% in the 2019 relevant year. The expenses decreased from $181,019 for the tax year 2018 to $117,798 for tax year 2019. A large portion decrease in expense are linked to survey and valuation fees as well as repairs and maintenance. The remaining expenses look reasonable for the industry that the client is involved in. The company incurred trading losses for the tax years ending 31 March 2016 to 31 March 2019. No shareholder s...

9. [2023] NZREADT 20 - CAC 2107 v Sheldon (Penalty) (14 August 2023) [pdf, 226 KB]

   ...him to have engaged in unsatisfactory conduct. [17] In terms of personal mitigating factors, it is acknowledged by the Committee that Mr Sheldon accepted his behaviour amounted to unsatisfactory conduct in advance of the hearing and before he filed his evidence. It is further acknowledged he was undergoing personal and health difficulties around the time of the relevant conduct, though this does not excuse his conduct. Finally, he has voluntarily undertaken additional training...

10. BC v Accident Compensation Corporation (Cost of Treatment) [2025] NZACC 40 (4 March 2025) [pdf, 246 KB]

    ...submits, would effectively require the Corporation to negotiate with a GP regarding the appropriate cost of every medical certificate or the Corporation would have to refer claimants to only those treatment providers with whom it had pre-existing fee arrangements. Mr Russ submits neither of these outcomes is practical or consistent with the purpose of the Act; and (b) The list of treatments in the Schedule is brief and does not include an examination for the purposes of obtaining...