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1. LCRO 101/2019 YK v RN (17 March 2020) [pdf, 146 KB]

   ...fact that no response had been received I would have asked Ms RN to phone the vendors solicitor for a response (which I would 9 expect someone actively managing the matter to have already done. I now feel I can’t trust lawyers to do their job but have to check up on them all the time to make sure they are being proactive for me). Had I been aware the extension was not going to be granted I would have just confirmed the deal”. [50] Whilst Ms YK contends that she would, if she h...

2. O'Reilly v Registrar of the Real Estate Agents Authority [2016] NZREADT 78 [pdf, 172 KB]

   ...order to receive diversion; and [d] a copy of the Summary of Facts in relation to the charge in respect of which he received diversion. [29] Mr O’Reilly provided copies of: [a] statements made to the Police on 27 September 2015 and two Police Job Sheets concerning Mr O’Reilly’s allegations of assault against him; [b] diary notes of three visits to the Police, in October and November 2015; [c] a document headed “Police Diversion”, which noted that Mr O’Reilly...

3. LT v SH [2019] NZIACDT 57 (7 August 2019) [pdf, 174 KB]

   ...at the office to the complainant, she did not follow the Code by ensuring that it was all documented. [25] Mr Moses questioned whether the complaint met the threshold for referral to the Tribunal. [The adviser] realised she did not do a good job in representing the complainant and should have maintained her initial response that she could not help him, but she had shown a very mature attitude to her professional obligations in response to the complaint. [26] [The adviser] rec...

4. LCRO 20/2019 OT v GA (25 January 2021) [pdf, 171 KB]

   ...b******** up my case and b******** up my witnesses and leaving me all by myself on the stand and getting completely scr**** by a very clever QC. I was left with a $700k plus bill which could of been settled to nil balance had he bothered to do his job properly. He can pay the bill and I want to be discharged from bankruptcy. [27] Mr GA responded in detail to Mr OT’s application. Again, there is no need to record Mr GA’s response in any detail as it will be addressed to the exte...

5. Boon v McQueen - Waiwhakaata 3E6 Section 4B2 (2021) 214 Waikato Maniapoto MB 1 (214 WMN 1) [pdf, 236 KB]

   ...representative of the beneficial owners. He noted that the trust has operated successfully for many years and saw no reason for the changes made by the majority trustees. He also considered that recently appointed trustees may be learning on the job, which is not appropriate for this trust. [14] In response to the allegations against them, the majority trustees made the following points: (a) The majority trustees inadvertently accessed the beneficiaries account through bank tell...

6. [2020] NZREADT 27 – Deng v Real Estate Agents Authority (25 June 2020) [pdf, 214 KB]

   ...required Mr Deng to do in the circumstances presented to him. [25] In reply, Ms Bowering-Scott submitted that the standard of care required by a licensee does not vary according to a client’s financial position, and that it is not a licensee’s job to assess a vendor’s financial situation and provide financial advice on agencies. [26] She also submitted that the Authority’s submissions rely on a presumption that the vendor would have been willing and able to produce a cop...

7. Guidance for the appointment of Human Rights Commissioners [pdf, 257 KB]

   ...assessed against the key skills and competencies, as set out in the position description. Additional criteria may also be used to short-list applicants, for example, in situations where a vacancy requires that a candidate be able to demonstrate more job- specific skills or competencies. 50. The short-listing process may also involve pre-appointment checks, such as the disclosure and consideration of conflicts of interest. Due diligence processes are used to ensure the integrity and...

8. [2021] NZEmpC 88 Panapa v Spotless Facility Services (NZ) Ltd [pdf, 222 KB]

   ...conversation between Ms Panapa and Mr Whitelaw on 31 May 2018, although their recollections of that conversation differ. Ms Panapa says she raised her treatment with Mr Whitelaw. Mr Whitelaw says Ms Panapa accused another staff member of not doing her job properly, and did that in front of that staff member and other staff. [9] On that day Ms Panapa also spoke to Mr Joslin, Spotless’ Contract Manager at New Zealand Steel’s Glenbrook site, who accepts that Ms Panapa advised h...

9. [2020] NZIACDT 15 - KBN v Wharekura - Sanctions (10 March 2020) [pdf, 129 KB]

   ...Patel, above n 6, at [29] & [81]. 9 Immigration Advisers Licensing Act 2007, s 16(a); Nagra v Registrar of Immigration Advisers HC Auckland, CIV-2010-404-4045, 11 March 2011. 11 egregious conduct of Mr Ryan who set up a scam involving fake jobs for financial reward and admitted no wrongdoing.10 [50] Mr Wharekura is at the lower end of the spectrum. He was certainly dishonest in falsifying two emails and lying to his client about having lodged an exemption application....

10. [2020] NZEmpC 52 Dillon v Tullycrine Ltd [pdf, 230 KB]

    ...he saw the options at the time as being that Mr and Mrs Dillon: (a) would stay on the farm and find alternative employment to boost their savings, and Hayden and Lisa would still cover the living costs; or (b) would look to move and find a job, with the family assisting with their rent. [26] However, by that stage, Mr Dillon had taken legal advice and was suggesting that he was owed wages for the period during which the agistment business had been operating. Mr Dillon notif...