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1. [2023] NZREADT 31 - CAC 2102 v Hoogwerf (2 November 2023) [pdf, 223 KB]

   ...not been subject to any previous disciplinary findings, that is of marginal weight given the short time in which he was licensed. This is not, however, the first time he appears to have produced a false document as the Tenancy Tribunal found he filed a false invoice in support of a claim against his landlord.6 [18] It is submitted that dishonesty of any nature runs contrary to the principles of registration under the Act and its associated privileges. It is important that it is...

2. Lochead-MacMillan v Nimble Financial Services Group Limited [2024] NZHRRT 25 [pdf, 214 KB]

   ...85 of the Act. [29] Mr Lochead-MacMillan seeks the following remedies: [29.1] A declaration that NFSG interfered with his privacy. [29.2] Damages for pecuniary loss; loss of a benefit; and humiliation, loss of dignity and injury to his feelings. [29.3] A training order. Declaration [30] The grant of a declaration by the Tribunal under s 85(1)(a) of the Act is discretionary. However, the Tribunal will not normally deny such relief where it finds there has been an inte...

3. NZBORA-Advice-NZ-EU-FTA-Legislation-Bill-For-Publication.pdf [pdf, 294 KB]

   ...infringement fee prescribed in regulations, or a fine imposed by a court that doesn’t exceed the amount prescribed in regulations. New section 121 provides a discretion as to whether to pursue the infringement offence via an infringement notice or by filing a charging document in the District Court. This is a strict liability offence, and accordingly limits s 25(c) of the Bill of Rights Act. 26. We consider that the infringement offence can be justified under section 5 of the Bill of R...

4. LCRO 1/2023 EL v OX (17 December 2024) [pdf, 176 KB]

   ...• He does not consider that he was conflicted in accepting instructions from Bank A. • He encountered difficulties in arranging a meeting with EL to sign the documentation due to EL’s busy schedule. • OX regards the amount of his fees as modest, and rejects any suggestion that they should be refunded. Nature and scope of review [32] The High Court has described a review by this Office in the following way:8 A review by the LCRO is neither a judicial review nor an ap...

5. [2015] NZEmpC 112 Vince Roberts Electrical v Carroll [pdf, 202 KB]

   ...pay for the period 16 May 2006 to 28 November 2011. The total award was $18,116.35. He was also awarded interest on that sum at the rate of five per cent per annum, from 28 November 2011 until payment. An order was made reimbursing him for his filing fee of $71.56. [4] On 11 December 2012, Vince Roberts Appliance Warehouse Limited filed a non-de novo challenge to the determination seeking a de novo hearing. The challenge related to only that part of the determination dealing w...

6. [2022] NZEmpC 120 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 273 KB]

   ...in the scale and arrived at a total costs figure of $66,800.50. That calculation did not allow for a second representative at any of the interlocutory stages or during the hearing.22 But it included a minor adjustment relating to Smiths City filing a notice of opposition to the interlocutory application for a stay that resulted in the interlocutory judgment.23 [53] The proposed reduction was supported by an observation that my interlocutory judgment commented that the applicatio...

7. Tuwhangai v Boon - Kawhia U 2B (2018) 173 Waikato Maniapoto MB 99 (173 WMN 99) [pdf, 442 KB]

   ...as a beneficial owner, to Niki Tuwhangai of Te Kuiti, Warden and June Maanga Ormsby of Tokoroa, Controller as joint tenants for the sum of $11,500.00. (Emphasis added). [5] On 21 November 2016, Mrs Ormsby died. On 22 August 2017, Mr Tuwhangai filed an application for transmission by survivorship of Mrs Ormsby’s joint interest in the 335.184 shares to himself. [6] Mrs Boon filed a letter of objection with the Māori Land Court on 4 September 2017. She followed that up by filin...

8. Tito v Andrews - Mangakahia 2B2 No 2A1A (2018) 178 Taitokerau MB 193 (178 TTK 193) [pdf, 285 KB]

   ...complaints related to management of the trust and they had been dealt with by the superior courts. If there was further material not known to the Māori Land Court in 2009, then a fresh application for a review of trust or termination of trust could be filed. The learned Judge concluded that it was not in the interests of justice to remedy the error by cancelling the order establishing the trust. 2 Tito – Mangakahia 2B2 No 2A1...

9. [2012] NZEmpC 92 Kaipara v Carter Holt Harvey Ltd [pdf, 155 KB]

   ...a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN ARTHUR (HATA) KAIPARA Plaintiff AND CARTER HOLT HARVEY LIMITED Defendant Hearing: By memoranda of submissions filed on 16 April and 24 May 2012 Appearances: Stan Austin, advocate for plaintiff Daniel Erickson, counsel for defendant Judgment: 13 June 2012 COSTS JUDGMENT OF CHIEF JUDGE G L COLGAN [1] The successful defendant (CHH) seeks...

10. [2020] NZREADT 18 - Hilliam [pdf, 177 KB]

    ...incompetent or seriously negligent real estate agency work, and unsatisfactory conduct, as alleged, and to determine the appropriate penalty. [4] The parties have agreed to the Tribunal determining this matter on the papers. Facts [5] The parties filed a detailed Agreed Summary of Facts. As directly relevant to the charges, we summarise this below. [6] Mr Hilliam is a licensed salesperson with 34 years’ experience in the industry. Up until approximately mid-April 2017, he was...