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1. LCRO 36/2023 TL v RY and SK (4 July 2024) [pdf, 180 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader t...

2. KR v HS LCRO 227/13 (7 November 2014) [pdf, 107 KB]

   ...months that followed, Mr HS, and his firm more broadly, treated her with disrespect, did not support her interests and rights, misled her, caused her embarrassment, failed to obtain legal aid to fund her legal costs and then billed her $2,820.34 privately for their work, which she has not paid. [3] Ms KR says she would have been granted legal aid if Mr HS had been more diligent in ensuring her application was progressed. Ms KR says she advised Mr HS when she first met him that...

3. Legal Complaints Review Officer v Denee [2011] NZLCDT 6 [pdf, 74 KB]

   ...publication. [15] Mr Upton referred us to section 238 of the Act which provides for proceedings to be conducted in public unless the Tribunal can find some interest, including privacy of the complainant, which means it is proper to hold that in private. We were further referred to Dean v Wellington District Law Society & Anor3 which 1 HC Auckland, CIV-2007-441-631, 16 October 2007. 2 [2001] NZAR 465. 3 HC Auckland, CIV-2006-485-...

4. [2021] NZREADT 43 - Complaints Assessment Committee v Lowndes (10 August 2021) [pdf, 302 KB]

   ...Drinnan [26] The Tribunal accepts that it would normally have been expected that the Committee would have interviewed, or sought comment from, Mr Drinnan. However, that is not the end of the matter. [27] On 18 September 2019 the Authority’s investigator wrote to Ms Lowndes (via her solicitor, Mr Ussher). He advised her that the Committee had decided to inquire 6 Published by the Authority in March 2019. into “a complaint made by [Mr Yang] against [Ms Lowndes]”....

5. [2021] NZEmpC 167 UXK v Talent Propeller Ltd [pdf, 379 KB]

   ...non-publication order, again on an interim basis. The order protected the parties’ names and the contents of the order of the District Court. The parties were directed to make submissions on whether the order should be made permanent at the outset of an investigation meeting which was pending at the time. [19] Although the parties had requested an urgent hearing for resolution of the relationship problem raised by TPL, it could not proceed in its entirety because of COVID-19...

6. CAC20005 v Sengupta [2015] NZREADT 81 [pdf, 269 KB]

   ...business called First Property Management Ltd on 5 April 2012. Mrs Voordouw and her husband obtained a Court Order enabling them to search Mr Sengupta’s computer records and to see whether he had taken a copy of the client data base. They hired a private investigator who spoke to Mr Sengupta and asked him to become a property manager for him. The computer forensic examination found Mr Sengupta’s computer contained a large number of documents from Buy West. Proceedings were issued...

7. Fast Dispute Resolution - consultation on a new statutory adjudication framework - Screen readable version [docx, 245 KB]

   ...representation. Adjudication is one of a range of different methods that are used to resolve disputes. The methods can broadly be separated into processes that use ‘facilitators’ or ‘decision makers’. In facilitation processes, an impartial third person investigates the dispute, advises on the facts and possible outcomes, and suggests solutions. This can be done in one of two ways. 1: by negotiation. Representatives of the parties go back and forth with competing offers until the issue...

8. [2021] NZREADT 14 - Ogilvie v The Real Estate Agents Authority & Abel (6 April 2021) [pdf, 221 KB]

   ...Sotheby’s), Ms Meo, Ms Dianne Martin (licensed salesperson at Ray White), Ms Domney, Mr Max Morton (retired salesperson, with whom the property was listed when it sold at auction), and Ms W. We will refer to this as “the Committee’s second investigation”. [9] In its decision issued on 7 October 2020, the Committee determined that there was insufficient evidence on which it could find that Ms Ogilvie’s allegations were made out. It said that Ms Abel was adamant that she h...

9. [2018] NZEmpC 138 Samuels v Employment Relations Authority [pdf, 295 KB]

   ...far as the Court relied on Bulk Gas Users Group v Attorney-General, the decision is in error. Contrary to what the Employment Court said at [30] of its decision, Bulk Gas was not concerned with “a statutory provision similar to s 184(1)”. The privative provision in issue in Bulk Gas did not have the restricted meaning of “lack of jurisdiction” which is to be found in both s 193(2) and s 184(2) of the ERA. Nor was Bulk Gas concerned with the rules of natural justice. [52]...

10. 2020 NZPSPLA 025 [pdf, 76 KB]

    [2020] NZPSPLA 025 Case number 001035 / 2019 IN THE MATTER OF The Private Security Personnel and Private Investigators Act 2010 AND IN THE MATTER OF Complaint by The Police under s 74 of the Act against PUNI WHIRIPO HEARD by Video hearing on 16 November 2020 APPEARANCES Sergeant J Moody for the Police P Whiripo, the certificate holder together with counsel S McManus DECISION [1] The Police filed a complaint against Puni Whiripo after he was charged with woun...