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1. LS v MIS [2021] CEIT-2020-0024 [pdf, 387 KB]

   ...brief and under cross-examination, damage reports, and the records of the communications between LS, EQC, and MIS. These records involve letters, emails, and notes recording phone discussions. [41] The most significant record is the note (the file note) recording a discussion that occurred on 21 August 2015, between LS, and Q, an employee of MIS. MIS says that the file note records an unequivocal election by LS to not repair the property. [42] Mr Frith advises that MIS approached...

2. Ms C v CAC 10036 & Whitehorn [2012] NZREADT 53 [pdf, 47 KB]

   ...direction for publication is an “order in the nature of a penalty that could not have been made against [the licensee] at the time when the conduct occurred” – in terms of s.172(2) to which we refer further below. [6] We note that, somehow, this file was mislaid for a time in our Registry; and we apologise to the parties for the consequential delay. The 10 August 2011 Decision of the Complaints Assessment Committee 10036 [7] The Committee’s decision considered the issue...

3. avie v CAC 20002 & Goradia [2014] NZREADT 53 [pdf, 44 KB]

   ...it had deferred making a decision on publication. At that point the licensee was made aware of the possibility of publication. In the later penalty decision, the Committee stated that the Authority would publish the decision after the period for filing an appeal had ended unless an application for an order preventing publication had been made to us as part of the appeal. No application was made. [35] In any event, the licensee has provided no grounds which would have supported an a...

4. Auckland District Law Society v J [2010] NZLCDT 24 [pdf, 301 KB]

   ...threatening to cancel the contract and find another contractor. Mr J, the practitioner in this matter, was the solicitor acting for the developer and Mr R was the solicitor acting for the contractor. (Subsequently Mr D C, barrister, took over the file from Mr R or another intermediate barrister but this was much later into the dispute.) [6] On 10 January 2006 Mr R sent the following email to Mr J: “Enclosed for your attention an email forwarded to M C of your office. My clien...

5. [2018] NZEnvC 109 V T Taueki v Horowhenua District Council [pdf, 796 KB]

   ...is made out the application for an enforcement order is declined. [47] I have considered the question of costs. I note Ms Thornton's advice that Ms Taueki is not able to meet any costs award of substance and that the Registrar waived the filing fee in this case. My usual observation in that situation is that the time to have regard to those considerations is at the commencement of proceedings, not at their conclusion. If costs are not awarded they are borne by the ratepayers of...

6. Dickinson v The Registrar of the Real Estate Agents Authority [2018] NZREADT 31 [pdf, 195 KB]

   ...he had ten working 2 The Tribunal understands that Mr Dickinson initially intended to stay in South Korea for only some months, but extended his stay. He was still in South Korea at the time of filing his application for review. days from the date of the letter to advise the Authority of any reason why his licence should not be cancelled. [d] If he completed ten hours of verifiable CE, he should provide written confirmation of...

7. [2016] NZSSAA 52 (16 June 2016) [pdf, 55 KB]

   ...this claim. The appellant has apparently not reported his income from this employment and apparently has not held the requisite licence to work as a security guard since last year. We accept, however, that if the appellant pays the necessary fee and gains further work he may need his own transport. [34] The availability of public transport is something which must be taken into account in determining whether a motor vehicle should be included as an allowable cost in entitlement t...

8. LCRO 188/2019 QK v RJ (13 May 2020) [pdf, 116 KB]

   ...Committee’s decision was that it contained a so-called “serious discrepancy” at paragraph 8. The so-called serious discrepancy was contrived. Applications for probate are dealt with by the High Court. When an application for probate is filed, the High Court also receives a copy of the will. All Ms QK needed to do was contact the High Court or instruct her lawyer to do so. If 1 Sections 162 and 163. 7 probate had been gr...

9. [2023] NZREADT 10 – Complaints Assessment Committee 2103 v Sharma (8 May 2023) [pdf, 218 KB]

   ...Mr McMullan (17 January 2023) replying to a note from the facility manager on behalf of Mr Sharma. [20] It is difficult to see how the Tribunal could be persuaded Mr Sharma is impecunious based on the material before it. No affidavit has been filed and the note does not address whether Mr Sharma owns any assets. The informal nature of the 6 Real Estate Agents Act 2008, s 122. 7 material affects the weight to be given to it. There is no representation by Mr Sharma or...

10. 2022-02-11 ORC - MOC - in relation to the scope for relief sought by Mr Cocks [pdf, 205 KB]

    ...matter is called in under section 142(2) and publicly notified under section 149C, any person may make a submission "about" the matter to the Environmental Protection Authority. 3 RMA, s 149E(3). 4 Form 5 in the Resource Management (Forms, Fees, and Procedure) Regulations 2003. 5 RMA, s 149E(1). 6 RMA, Sch 1, cl 6(1). The requirement for a submission to be "about" a matter is also used in section 49(1) of the RMA in relation to submissions about proposed national...