Search Results

1. LCDT - 2018 annual report [pdf, 572 KB]

   ...in respect of non- practitioner employees working in a legal or conveyancing practice. As can be seen, the Act has a more consumer oriented approach than its predecessor, the Law Practitioners Act 1982. It also seeks to put in place a “more responsive regulatory regime”. This latter aspect is reinforced as part of s 231 “responsibilities of chairperson” where subsection (1)(a) refers to the “orderly and expeditious discharge of the functions of the Disciplinary Tribuna...

2. LCRO 202/2017 LO v RT (4 February 2019) [pdf, 173 KB]

   ...to the penalising of a real estate agent for falsely representing to a client that a deposit paid in the [Property 1] development would be kept safe in RT’s trust account. [27] Ms LO categorised this as her “new evidence”. 5 The RT response [28] RT provided a response to the application for review on 19 June 2017. They submitted that: (a) the current complaint did not raise any issues outside of those that featured in the October 2013 complaint; and (b) section 152(...

3. [2017] NZEnvC 047 North Eastern Investments Limited & Heritage Lands Limited v Auckland Transport [pdf, 477 KB]

   ...apply. [8] Leave was reserved for the parties to seek costs. The following documents were submitted by the parties: • Application by NEIL for costs against Auckland Transport - dated 24 November 2016; • Submission by Auckland Transport in response to application for costs - dated 8 December 2016; • Reply by NEIL to Auckland Transport submission - dated 15 December 2016. The parties' positions [9] NEIL has claimed indemnity costs of some $605,000 (including GST) sum...

4. [2017] NZEmpC 45 Ports of Auckland Ltd v Findlay [pdf, 125 KB]

   ...warranted and required Mr Findlay to attend a meeting to provide him with an explanation as to what had occurred. [17] The meeting foreshadowed in Mr Gibson’s 12 December letter took place on 20 December. Mr Findlay provided an 11-page written response at the meeting, and verbal submissions were made by and on his behalf. The written response included detailed reference to the background context to the incident; concerns about disparity of treatment based on union membership; an...

5. Real Estate Agents Authority (CAC 403) v Drever [2016] NZREADT 72 [pdf, 131 KB]

   ...suspension. Submissions The Committee [17] Ms Paterson for the Committee first noted that Mr Drever was originally charged in respect of the three complaints in January 2015. He denied all particulars of the charge during the investigation, in his response to the charge, and in his statement of evidence provided to the Tribunal in July 2016. He admitted the amended charge on the morning the hearing was to begin, after counsel for the Committee was given leave to withdraw certa...

6. LCDT Annual Report 2019 [pdf, 352 KB]

   ...in respect of non- practitioner employees working in a legal or conveyancing practice. As can be seen, the Act has a more consumer oriented approach than its predecessor, the Law Practitioners Act 1982. It also seeks to put in place a “more responsive regulatory regime”. This latter aspect is reinforced as part of s 231 “responsibilities of chairperson” where subsection (1)(a) refers to the “orderly and expeditious discharge of the functions of the Disciplinary Tribuna...

7. [2020] NZEmpC 160 Van Kleef v Alliance Group Ltd [pdf, 271 KB]

   ...accordingly an “unnatural lack of disclosure” from the company and the Union regarding the 2012/2013 negotiations, and that there was a “strong prima facie case of spoliation/concealment”. She went on to submit, in effect, that the Alliance response to her request was inherently implausible. She said that if Alliance could not produce the documents she had been seeking, particularly with regard to the 2012/2013 bargaining, that was due to inadequate record-keeping....

8. [2021] NZEnvC 063 SKP Incorporated v Auckland Council [pdf, 2 MB]

   ...$197,902.73 (expert) to $194,949.68 Oegal) and $114,264.31 (expert) . [44] I accept deductions as they relate to mediation attendances. However, I should not ignore the costs relating to the hydrodynamic tidal modelling. These costs were incurred in responses, at rebuttal stage, to speculative evidence from Dr Mead for SKP. [45] Having considered the circumstances of this case I find that an award of 25% of the costs incurred by KPBL and the Council is appropriate. This percentage...

9. Sneddon - Estate of Thomas Henry Dick [2018] Chief Judge's MB 858 (2018 CJ 858) [pdf, 451 KB]

   ...d) no issue 2018 Chief Judge’s MB 865 • Hilda Dick (f. a) issue • Peter Dick (m. a) no issue • Miriam Dick (f. a) issue • Jane Dick (f. d) issue • Wayne Michael Dick or Melhuish (m. a) issue and fostered out [10] In response to the Registrar’s report the applicant pointed to the statutory declaration from Jane McCabe (nee Hemara), the last living family member that knew Susan Dick and Thomas Henry Dick at the time the applicant’s mother and her siblings...

10. [2022] NZEnvC 042 Wilson v Waikato Regional Council [pdf, 309 KB]

    ...a statutory inter- relationship between RMA marine or spat farming consenting and the BA, on matters of biosecurity. It is in those respects, even at this relatively late stage, that the court would be assisted by a better understanding of the responsibility and involvement of MPI as the biosecurity regulator. That is particularly given our findings as to the importance of sound biosecurity management. In particular, the court would be assisted by evidence from Dr Kluza as to BioN...