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1. Swain v CAC 20008 & Anor [2014] NZREADT 13 [pdf, 134 KB]

   ...for the advertising and an invoice was not provided. [4] When the deduction was queried by the complainant, the licensee readily agreed to refund the cost of one advertisement ($133) but maintained the other charge was legitimate. [5] In his response to the complaint, the licensee maintained that the issue of advertising was discussed at a meeting in his office on 18 June 2012 between the complainant, her late father, the licensee, and his colleague Mr Barry Ellis, and it was then a...

2. Pollett v REAA (reserved decision) [2013] NZREADT 4 [pdf, 49 KB]

   ...Mr Pollett said that on his return to the office from the Waiheke Island property, Mr McCarthy told him that he had not obtained a listing agreement and that he would only obtain one if the prospective purchaser wanted to make an offer. [13] In response to the complaint made against him by Mr Pollett, Mr McCarthy stated that he arranged with the vendor of the Waiheke Island property for Mr Pollett to show the prospective purchaser through it. However, he said he made it clear that if...

3. Housing New Zealand Ltd v Tawhai - Te Horo 2B2B2B Residue (2011) 33 Taitokerau MB 11 (33 TTK 11) [pdf, 176 KB]

   ...individuals. [28] Finally, and in summary, in my view the Court should only invoke s 79(3) where it is clear that a party to proceedings has acted with the authority of the non- party. That is not the case here. To do otherwise would lay the responsibility for costs at the feet of individuals who had not taken an active part in the proceedings. Furthermore, in the present case the circumstances are neither exceptional nor compelling. 33 Taitokerau MB 21 Outcome [29] I a...

4. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 47 [pdf, 129 KB]

   ...briefs from three new experts who had not been involved in the hearing, Mr Hazlehurst, Mr Probett and Dr Spiers. These extensive briefs focused largely on issues that had been finally determined in the February 2012 decision. [28] In response, the Zagorskis filed a memorandum seeking an order striking out or excluding the additional evidence. [29] On 30 July 2012, we issued Procedural Order 16 in which we excluded the briefs from Mr Probett, Dr Spiers and Mr Hazlehur...

5. Brownlie v Brown - Pipituangi A Trust [2011] Maori Appellate Court MB 271 (2011 APPEAL 271) [pdf, 182 KB]

   ...decisions affecting any contracts in which the trustee has a personal interest. [27] In the circumstances it would have been unusual had the respondent trustees not become involved in the first 238 application – after all, it is the trustees’ responsibility pursuant to the objects of the trust order to provide for the use and alienation of the land to the best advantage of all the beneficiaries. There is weight in the respondents’ contention that, had the respondent trustees...

6. VN v AG LCRO 224 / 2011 (17 May 2013) [pdf, 89 KB]

   ...and 3 obstructing the client’s interest in failing to protect and advance those interests. [8] When these complaints were notified to him, the Practitioner also discerned allegations of criminal behaviour and vitriol, and his response to the complaints covered those additional areas as well. [9] After considering the information the Standards Committee declined to uphold any of the complaints. The Applicant sought a review of the Committee’s decision. Rev...

7. OR v PL LCRO 88 / 2011 (20 August 2012) [pdf, 110 KB]

   ...form the matters that had been addressed at the hearing. Mr OR indicated that he did not require the opportunity to consider and respond to the submissions. However, following the hearing Mr OR sought permission to provide written submissions in response and these were provided on 13 August. I have not sought submissions in reply from them. 5 [17] The submissions provided by Mr OR respond to those provided on behalf of Ms PL but also include matters that were not referred to...

8. Pahi - Estate of Lucy Williams [2014] Chief Judge's MB 476 (2014 CJ 476) [pdf, 251 KB]

   ...distributed to owners since 2000 as O\rners "moved a resolution to retain the income for investment and that holds have been placed of over the affected clients accounts as follows: '. 22. At the date of this report, there have been no responses received from Pouakani CIBJ & CIB2 Aggregated and Hurakia Ahu Whenua Trust's in regards to the letters sent on 26/0912013 and 04/0312014. . 2014 Chief Judge's MB 484 Reference to areas of difficulty 23. On 26 Septem...

9. [2018] NZEnvC 028 McIntyre v Canterbury Regional Council [pdf, 2.9 MB]

   ...She advises the appellants pursued the appeal guided by its evaluation of the expert evidence. Since the appeal was filed , the regulatory framework has continued to evolve and with it the parties' positions and priorities, particularly in response to Plan Change 5. In doing so, this has shifted "the obligations and expectations of the parties throughout the proceeding ."l The fact that there was a second round of evidence is a reflection of a complex regulatory envir...

10. Regulatory Impact Statement: Legal Aid Eligibility [pdf, 82 KB]

    ...financial resources to have greater access to justice. Access to justice helps ensure equality before the law, contributing to the maintenance of the rule of law and the legitimacy and efficiency of the justice system. 2. Government has a dual responsibility to ensure access to justice and to use public funds responsibly. Public expenditure principles of equity, efficiency, and effectiveness guide the nature and extent of services the legal aid system provides. 3. Given the limited p...