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1. Sharma v CAC 20004 & Anor [2014] NZREADT 93 [pdf, 28 KB]

   ...failed to comply with Rule 9.5 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 in that he did not give an appraisal of land in writing to the client which showed the current market conditions supported by comparable information on sales of similar land in similar locations or businesses. The Complaints Assessment Committee found that the letter of 2 July 2012 written to the complainant did not comply with Rule 9.5. The letter says: “The figures availa...

2. [2014] NZEmpC 52 Ryan v Bryan [pdf, 62 KB]

   ...Act 2000, its orders made against Mr Ryan on 19 December 2013 and subsequently for costs. The Authority has scheduled an investigation meeting on 4 April 2014 to deal with those enforcement proceedings brought by Ms Bryan. Despite Mr Ryan’s requests through the lawyer instructed by him, the Authority has declined to adjourn its investigation meeting, now less than two days hence, to await the outcome of Mr Ryan’s application for stay of any such proceedings. [8] If t...

3. CW v XB LCRO 213 / 2010 (15 June 2011) [pdf, 48 KB]

   ...Applicant sought a review, citing that the Standards Committee could not have concluded with any certainty that the Respondent had done nothing wrong. A review hearing was conducted on 2 June, this being an Applicant-Only hearing. The Applicant had requested the hearing and it appeared unnecessary to require the 3 Respondent to appear, given that all of the relevant information appeared to be on the file. [10] The Applicant suggested that there were two parts to the compl...

4. Banbury v Selkirk LCRO 47 / 2010 (2 June 2010) [pdf, 53 KB]

   ...not incorporated. At the review, it was explained to the Applicant that a complaint could only be made against a Practitioner personally or an incorporated law firm. The category of persons against whom a complaint may be made are lawyers or former lawyers, an incorporated law firm or former incorporated law firm, or a person who is not a practitioner but who is an employee or a former employee of a practitioner or an incorporated firm (section 132 of the Lawyers and Conveyancers...

5. Rugby v Auckland Standards Committee LCRO 67 / 2010 (12 July 2010) [pdf, 48 KB]

   ...the Practitioner was already out of time to forward submissions. The Practitioner then wrote to the Standards Committee the following day (8 April 2010) explaining that he had assumed that he would be informed of the altered hearing date, and requested that the Committee consider the submissions he included in that letter. This comprised the information he still desired the Committee to take into account. [9] The Committee issued its determination on 8 April, informing the Practit...

6. Darby Trust v Auckland Council [2012] NZWHT Auckland 52 [pdf, 56 KB]

   ...its case and at the time when it conceded liability to the claimants. [23] In addition, there are other defects which are not affected by the producer statement allegedly given by the plasterer. Examples of those defects include poorly formed rainwater outlets, deck gutters inadequately waterproofed and leaking joinery. The Council did not rely on the producer statement in relation to those defects. It still issued a code compliance certificate. [24] Accordingly, ev...

7. Lee & Anor [2011] NZWHT Auckland 9 [pdf, 81 KB]

   ...sometime after the date of the final inspection. In such cases the reasons for the delay in issuing the Code Compliance Certificate are relevant. Ultimately however a decision as to when a house is built is a matter of judgment based on all the information that is available to the decision maker. [10] Lang J also considered the effect of s43(1) of the Building Act 1991 which provides as follows: 43 Code compliance certificate (1) An owner shall as soon as practicable...

8. 2017 NZSSAA 032 (30 June 2017) [pdf, 86 KB]

   ...Discussion [6] We are satisfied that Mr XXXX does not come within Clause 11 of the schedule of the EWRAP specification, the reference to the “purchase for an eligible person of an opportunity”, is a clear indication that there must be some formed and specific opportunity where the relevant person will gain work experience as a direct result of the payment to purchase that opportunity. Mr XXXX cannot come within that category; he is seeking payment for the purchase of business...

9. [2016] NZSSAA 102 (25 November 2016) [pdf, 87 KB]

   ...regarded as a New Zealander and therefore not eligible for New Zealand Superannuation. His situation comes about primarily as a result of being provided with incorrect or incomplete advice in the past, which he has relied on in good faith. He requests that the Authority grant New Zealand Superannuation to him. Decision [10] New Zealand Superannuation cannot be paid overseas unless the recipient can bring themselves within one of the exceptions contained in ss 22 to 35 of the New...

10. BORA Arbitration Amendment Bill [pdf, 358 KB]

    ...Bill is to be considered by the Cabinet Legislation Committee at its meeting on 15 June 2006. General comments 2. The Bill amends the Arbitration Act 1996 in a number of respects including: 2.1 Modifying the rules as to the confidentiality of information disclosed in the context of an arbitration; 2.2 Requiring that all arbitral proceedings be in private; 2.3 Requiring that court proceedings be conducted in public except in certain circumstances. 3. The purpose of the Bill is to g...