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1. Rodgers v CAC306 & Anor [2016] NZREADT 7 [pdf, 157 KB]

   ...formal valuation from Mr Jenkins. [28] It was put to the licensee that Rule 10.3 of the 2012 Rules provides “Where no directly comparable or semi-comparable sales data exists, a 6 licensee must explain this, in writing, to a client”. His response was that this property was unique and the vendor knew that. However, he accepted that he had not given any explanation in writing in terms of Rule 10.3. Even now, the licensee asserts that he could never have improved on Mr Jenkins...

2. [2013] NZEmpC 212 Gunning v Bankrupt Vehicle Sales and Finance Ltd [pdf, 64 KB]

   ...7 [2009] ERNZ 225. [34] No attempt was made on behalf of the Company to justify Mr Gunning’s dismissal. On the evidence before the Court, it appears the dismissal was Ms Chapman’s response to Mr Gunning attempting to assert his statutory right to have a written employment agreement. That was plainly unjustifiable. Minimum Wage [35] The evidence establishes that Mr Gunning worked for the Company on nine days. Tuesday

3. [2014] NZEmpC 26 Cross v Onerahi Hotel Ltd [pdf, 150 KB]

   ...abandoned their employment and should take reasonable steps to make inquiries of the employee. 6 This is reinforced by the statutory obligations of good faith under s 4 of the Act. Those obligations apply to both parties and require each to be responsive and communicative. 5 [2000] 2 ERNZ 97 (CA). 6 At [26]. [34] It is not consistent with such obligations to refuse to engage with an employment process and thwart an e...

4. Allington v REAA & Anor [2014] NZREADT 6 [pdf, 128 KB]

   ...course, it is a matter of judgment whether any of the rules have been breached... [46] We went on to state: [51] We have previously held that not every departure from best practice will amount to unsatisfactory conduct requiring a disciplinary response (Wetzell v CAC & MacVicar [2011] NZREADT 8 at [37]); but care must be taken when applying this dicta. Any suggestion that licensee conduct must be at the more serious end of the disciplinary spectrum before a disciplinary r...

5. Hinckley v Macduff LCRO 169 / 2009 (28 January 2010) [pdf, 158 KB]

   ...further information relating to the caveat which was provided. I note for completeness that that further information reiterated other points that JH had made at the hearing. I do not consider that any new matters were raised which required any response from Ms Macduff. [25] It is clear that Ms Macduff took a different view of the best approach to the issue of the caveat. She took the view that it would be better to first seek a consensual removal of the caveat on the understanding t...

6. IPT Annual Report 2014 [pdf, 3.7 MB]

   ...their commitment to the Tribunal. The Ministry of Justice staff who undertake the administrative functions of the Tribunal have, again , shown commitment and conscientious dedication to their work. They make the Tribunal function efficiently and responsibly and a debt of gratitude is owed to them. I mention, in particular the Acting Operations Manager, Minja Pesic and the Chair's Assistants, Sharon Salmon and Michelle Williams. I am grateful too for the support, counsel and hard wor...

7. AJ v BJ LCRO 258 / 2011 (18 July 2013) [pdf, 121 KB]

   ...or needed to be undertaken, at the Practitioner’s level of seniority, but clearly the Assessor accepted that the level of the work required the attention of an experienced lawyer. [50] If a Standards Committee forms a view that a lawyer’s response to a complaint is not altogether honest, and given the professional seriousness of such a view, I would expect to find a solid basis for such a conclusion. In this case I do not see any sound basis for the Committee’s questions a...

8. 2017 NZSSAA 026 (12 June 2017) [pdf, 155 KB]

   ...trader. Mr McMillan said that XXXX made a profit in 2011 and a loss in 2014. Switch had not been asked to prepare accounts for 2012. Mr McMillan stated that he did not know what access Mr XXXX had to company profit but as director it is his responsibility to disburse any profit. [37] Mr Sperring also questioned Mr McMillan about a debit on 19 December 20129 of $180,000 to ‘XXXX Ltd’. Mr McMillan stated the Forex account was Mr XXXX’s account for purchasing gold in Aust...

9. BORA Identity (Citizenship and Travel Documents) Bill [pdf, 139 KB]

   ...requirement appears to give rise to an issue of discrimination on the grounds of age. 10. In our opinion, however, the requirement is justified in terms of section 5 of the Bill of Rights Act. In reaching this view, we have taken into account the responsibilities and obligations that parents and guardians have towards persons younger than 18 and that they are best placed to determine whether a young person is mature enough to enter into a de facto relationship. Moreover, we note that a...

10. Wood v Accident Compensation Corporation [2015] NZACA 6 [pdf, 185 KB]

    ...refer to the somewhat tortuous history of Mr Wood’s claim for ERC. It had been to the District Court twice and the High Court once, with these courts said by Mr Darke to be the wrong jurisdiction. He blames this on the Corporation, which is responsible for administering the legislation. According to the advocate, Mr Wood therefore spent 10 years in litigation which ultimately had no practical effect. [51] Mr Darke further contends that when Mr Wood presented the new evidence...