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1. Handisides v CAC 10030 & Cruden [2011] NZREADT 36 [pdf, 160 KB]

   ...They contacted Mr Handisides later that day and arranged to meet him at the property in the afternoon of 22 August. At this meeting they say that they received from Mr Handisides a copy of the flyer prepared by Mr Handisides, some photographs, information about the property from the Tasman 2 District Council, a small map with the boundaries marked on it, a copy of the Title and information about the power supply which could be generated from the stream. [2] The advertisem...

2. ENVC Hearing 6Oct14 DM Piritahi Maikara Ropata [pdf, 165 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 STATEMENT OF EVIDENCE OF (LORNA) MAIKARA ROPATA (PIRITAHI MARAE) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS 5 August 2014...

3. Gisborne District Council v Hautapu - Tatarahake No.1 (2015) 50 Tairawhiti MB 199 (50 TRW 199) [pdf, 213 KB]

   ...report of the Registrar was not completed and the requisite analysis of support for the easement was not provided. Further Court hearings [14] Following the owners’ meeting, a Court hearing was set down for 5 November 2014. 4 However, at the request of the parties I allowed a final adjournment to enable discussions to take place within the wider whānau to confirm either support or opposition for the application. [15] A final hearing was then held on 2 March 2015, where the pr...

4. Tong & Anor v CAC 20004 & Ors [2014] NZREADT 3 [pdf, 126 KB]

   ...office. Appleby was insistent – motivated by the continual overture of David Tong to close the café business – that he wished purchase 100% Land, Buildings and Business outright and have no further communications with Tongs. Lisa Hopewell requested, as the Purchaser right as per the ‘nominee’ of the S & P contract, I on-sell the business and two parties were approached, Roselyn & Aaron at Delamore Lodge Kimberley and Noyan Attamer. Through the actions of the At...

5. Brooks v CAC 20002 & Anor [2013] NZREADT 112 [pdf, 138 KB]

   ...to them, their resale should have yielded them a sale price of $1,067,235. Accordingly they put it that there has been a drop in their “realisable capital gain” of 16.24% or in dollar terms $137,235. They then put it: “Compensation costs requested as a minimum Compromise at half way between unrealistic gain and loss of view as Confirmed by Seager and Partners 137235-65000=$72235 (72235/2) + 65000 $101,117.00 Legal costs to date $ 6893.00 Valuation costs Seager and Partners $...

6. O'Connor & Anor v CAC 20004 & Randall [2013] NZREADT 104 [pdf, 142 KB]

   ...[14] After settlement (on 23 April 2009) the appellants commissioned reports from Realsure Ltd, Beagle Consultancy Ltd, and Helfen Ltd (Building Surveyors). The total estimate of necessary remedial costs was $724,000 (GST inclusive). We are informed that in May 2012, the vendors compensated the appellants in excess of $500,000. [15] As covered above, the Committee found the licensee guilty of unsatisfactory conduct. This was due to her failure to seek further information from the ve...

7. [2014] NZEmpC 227 O’Hagan v Waitomo Adventures Ltd [pdf, 129 KB]

   ...resignation. I rejected this claim. I found that Mr O’Hagan had voluntarily resigned. His resignation had followed a sequence of events over time during which Mr O’Hagan had unreasonably refused, on a number of occasions, to accede to requests to provide further information relating to his concerns and how they might be addressed, and for a copy of any documentation he had to enable his concerns about office systems to be remedied. 9 He had also sought a hefty sum...

8. Crick v REAA & Woodley [2013] NZREADT 9 [pdf, 62 KB]

   ...ensuring that the same instructions were given to both; and from the Licensee to the vendors, copying in the Complainant, following the Licensee’s meeting with registered master builder Dan Albert. [8] The latter 20 December 2010 email outlined the information given to the Licensee from the builder and covered: problems with the roof, recommended repair, estimated cost, timing of the repair work, and sought further instructions from the vendors. It also noted the Licensee's unde...

9. Hawkes Bay Standards Committee v Hancock [2011] NZLCDT 39 [pdf, 221 KB]

   ... Discouraging improper practices in the handling of money entrusted to lawyers  Demonstrating there is an effective scheme in place 9 [18] Mr Hancock’s conduct was designed to avoid those objectives. [19] In cross examination the form of the monthly trust account certificate was put to the practitioner and he acknowledged that in respect of each item which he was required to answer, that his statement was wrong in every particular. He conceded that there was a regu...

10. Sandy v Khan LCRO 181 / 2009 (25 December 2009) [pdf, 106 KB]

    ...discussed. This was not a situation in which two parties attended on Mr Khan with all meaningful terms of the agreement settled. [9] Mr Khan states that Ms Sandy and Mr XX “implored” him to act for Mr XX as well. He states that he acceded to the request provided that it was another lawyer in his firm (Mr YY) who acted and that if there were any disputes then they would need to arrange separate lawyers. [10] Ms Sandy states that it was Mr Khan’s idea for his firm to h...