Search Results

1. Proactive release – Ombudsmen (Protection of Name) Amendment Bill [pdf, 2.5 MB]

   ...proliferation of the name. 29. No public or external consultation has been carried out. The Banking Ombudsman and the Insurance and Financial Services Ombudsman have not been consulted on the proposal to preserve their names (in their current form only). Financial Implications 30. There are no fiscal implications for this proposal. Legislative Implications 31. An amendment Bill is required to implement this proposal. I will make a bid to include this bill on the 2019 Legislative pr...

2. [2019] NZEnvC 090 Saville v Queenstown Lakes District Council [pdf, 4.9 MB]

   ...the activities that are authorised by the resource consent granted by the District Council. Mr Roberts says the District Council suggested he apply for resource consent, which he did "both to avoid any ambiguity and to appease QlDC's request".13 I do not have a copy of the application for resource consent and do not know whether the application included activities ancillary to farming (being the primary use of the helipad). That said, the decision of the District Coun...

3. Fish & Game Updated Supplementary B Farrell Planning 24 March 2021 [pdf, 583 KB]

   ...Reason for proposing the presumptive standards 13 The intention of these standards, from my point of view, was the same as the intent of the plan change as notified. The presumptive standards recommended by Dr Hayes was, in part, in response to my request of Dr Hayes to identify a method for replacing, and quantifying, the “no more than minor cumulative effects on the ecology and the hydrology of the surface water body” test set out in the notified version of Policy 10A.2.3....

4. Landpro - Supplementary - C R Perkins - Planning (23 March 2021) [pdf, 482 KB]

   ...support from others. (b) An updated position for Landpro. (c) Supplementary evidence of Mr Tom de Pelsemaeker, including his proposed amendments to PC7 of 14th March 2021. Available scope 5 The original Landpro submission was broad in its relief requesting that PC7 be rejected in its entirety, or that amendments be made to a number of parts of the Policy and Rule framework. 6 I consider that the amendments proposed in this supplementary brief of evidence are within the scope o...

5. CAC 403 v Tucker [2016] NZREADT 65 [pdf, 300 KB]

   ...… If the charge is under s 73(a) the critical enquiry is whether the conduct is “disgraceful”. Conduct which involves a marked and serious departure from the requisite standards must be assessed as “disgraceful”, rather than some other form of misconduct which may also involve a marked and serious departure from the standards. … 1 Real Estate Agents Authority v Tucker [2016] NZREADT 58. 2 Morton-Jones v Real Estate A...

6. Johnson v CAC 20003 & Harvey [2016] NZREADT 68 [pdf, 266 KB]

   ...Johnson had never instructed him to market the sections. [82] The Johnsons submitted that Mr Harvey advertised the sections at a price ($195,000) that was significantly higher than the initially agreed on-sale price ($165,000) and despite requests from Mr Johnson, did not advertise a lower price until shortly before settlement date for the Agreement. [83] The presence of Ray White signs on the sections up until February 2012, and the advertisements after February 2012 are obje...

7. [2017] NZEmpC 51 E Tu Inc v New Zealand Transport Agency [pdf, 211 KB]

   ...an across the board salary increase relative to movement in the mid-point of the remuneration bands. 3 [4] Second, the Authority considered whether the Agency was required to award salary increases to E tū members who met or exceeded their performance requirements. The Authority concluded that whilst there was a pathway for progression which was potentially available to each employee, the relevant provisions made progression discretionary rather than mandatory. 4 The issue for...

8. Wang v Real Estate Agents Authority (CAC 409) v Sweetingham [2017] NZREADT 29 [pdf, 274 KB]

   ...cm x 5 cm photograph of the property and its neighbouring units, with the boundaries of the property indicated by a red line. [6] Shortly after Ms Wang commenced marketing the property, Mr Wilson sent her an email, in response to an emailed request from Ms Wang for the photographs for the property. Mr Wilson’s response included the statement: Your advert for the property on TradeMe is quite misleading – I’d get that down quickly… [7] The email was opened by Ms Wang...

9. [2019] NZEmpC 123 Elisara v Allianz New Zealand Ltd [pdf, 319 KB]

   ...disadvantage to it, have provided Mr Elisara with notice and then not required him to work it out. Mr Elisara did, after all, have a family to support and was the sole breadwinner. The company chose not to go down this path despite Mr Elisara’s request that it do so. [23] Dismissal on notice would have been well within the permissible target range. I cannot say that the decision to summarily dismiss was outside the permissible range, although closer to the edges of wh...

10. LCRO 10/2018 DO v ABC & Body Corporate (30 August 2019) [pdf, 274 KB]

    ...show that you have achieved these outcomes and therefore complied with the principles: … IB(11.4): ensuring that you do not communicate with another party when you are aware that the other party has retained a lawyer in a matter, except: (a) to request the name and address of the other party's lawyer; or (b) the other party's lawyer consents to you communicating with the client; or (c) where there are exceptional circumstances … 17 Professional conduct in the UTA...