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1. Hakaraia - Part Raetihi 2B2C3C2A1 (2007) 183 Aotea MB 2 (183 AOT 2) [pdf, 3 MB]

   ...another one that you're dealing with , slightly different but where someone comes along and says "look we bought this land, we didn't know it was Milori freehold, we used lawyers" and as you might anticipate, Mr Takarangi, our usual response is "well that's where your remedy is". I mean I've got exactly the same thing at Rotorua where reputable lawyers, well experienced in Maori land, dealt with the sale and purchase and didn't pick up that it w...

2. Director of Proceedings v Radius Residential Care Ltd [2019] NZHRRT 24 [pdf, 268 KB]

   ...functions of their respective roles and failures by staff to follow the defendant’s policies and procedures, in particular the Radius Assessment, Care Planning and Review and Pre-Entry and Admission Policies. The defendant accepts that it had overall responsibility for the actions of its staff and had an organisational duty to ensure the provision of timely, appropriate, and safe services to the aggrieved person, and to facilitate continuity of his care. 83. The defendant has...

3. LCRO 120/2017 ML v NM (19 March 2019) [pdf, 176 KB]

   ...account. [11] By 12 November 2015 Mr NM had been to see Dr QP and she had prepared a report which dealt to some extent with his capacity. By 13 November 2015 Ms TS had sent Dr QP’s report to Mr ML, he had considered it and drafted a proposed response to Ms TS for Mr PO and his partner Mr RQ to consider. [12] It is apparent from Mr ML’s draft email that he was not satisfied that Dr QP’s report resolved all of his concerns over Mr NM’s capacity. If the capacity issue was t...

4. [2018] NZEnvC 225 Royal Forest and Bird Protection Society Incorporated v Canterbury Regional Council [pdf, 3.8 MB]

   ...Dryland farmers raised concerns with the Regional Council about the implications for their short-term changes in ordinary dryland farming operations. (c) in July 2015, the Regional Council issued a so-termed "Advice Note", by way of response to what it called the "unintended consequences"2 of the change of land use rules for normal or bona fide dryland farming practices. The Advice Note includes some statements of how the Regional Council approaches compliance...

5. [2021] NZREADT 12 - Walker v The Real Estate Agents Authority & Hickson (26 March 2021) [pdf, 276 KB]

   ...unsatisfactory conduct, which would indicate a fine in the range of up to $3,000. The 2 Committee’s decision, at paragraph 4.4. Committee took into account Mr Hickson’s previously unblemished record and the fact that he had accepted responsibility for his unsatisfactory conduct, before ordering him to pay a fine of $1,000.3 [16] With respect to the appellants’ request for compensation under s 110 of the Act, the Committee noted that it had no jurisdiction to make such...

6. [2020] NZEmpC 88 123 Casino Ltd t/a 123 Palm Bar & Restaurant & Function Centre v Zuo [pdf, 266 KB]

   ...work. Ms Zuo’s partner was asked to leave, which he did, followed shortly afterwards by Ms Zuo. [29] After Ms Zuo left Mr Zhou made several unsuccessful attempts to telephone her followed by a text message asking her to telephone him. The response he received was a message that she would not discuss what had happened until the arrears of wages were paid. She described her protest as being on strike until she was paid. [30] An exchange of messages on WeChat followe...

7. MfE-The direct referral process - for submitters [pdf, 389 KB]

   ...not on findings of fact. As a s274 party, if you are considering an appeal, you should seek legal advice about whether an appeal has merit. Monitoring and enforcement of the decision If the Environment Court grants the application, the council is responsible for monitoring and enforcing the decision, including all conditions. Relevant publications and information The direct referral process – information for applicants An Everyday Guide to the Resource Management Act:  Making...

8. RV v IP and RM LCRO 212/2014 (25 July 2016) [pdf, 78 KB]

   ...the first two points, disclosure was permitted. [48] Each of those submissions is addressed in the discussion that follows. Retainer – actual or proposed [49] The first step in establishing whether Mr RV’s conduct warrants a disciplinary response is to ascertain whether the facts disclose a retainer, actual or proposed, between the IPs and Mr RV or his firm. [50] The IPs were dealing with a real estate agent. The agent sent an email to Ms KB nominating her and Mr RV’s fir...

9. [2019] NZEmpC 132 Chief Executive of Manukau Institute of Technology v Zivaljevic [pdf, 300 KB]

   ...2018. He goes on: Early termination of access to my email account and files as well as repossession of the laptop I was given (that had plenty of relevant information stored on it) is a huge disadvantage to me in the process of preparing my response to the termination of employment that I consider unjust. [14] He then addresses redeployment: It appears that our understanding of the term “redeployment” differs. Mine is more in line with what is shown on the pages 30 and 3...

10. KXBK v GVH [2019] NZIACDT 74 (1 November 2019) [pdf, 195 KB]

    ...since been added to the policy. The complainant did not qualify for a refund, as he was provided with the service promised to him. [47] According to the adviser, the complainant had intentionally provided false information in the complaint. In response, the adviser had phoned the complainant to confront him about the false allegations. The adviser alleged that in that call, the complainant provided “clear and undeniable evidence of the fact that the complainant had made an info...