Search Results

1. AJE, CDE, and JPS as Trustees of the EE Family Trust v Vero Insurance New Zealand Ltd [2020] CEIT-2020-0009 [pdf, 348 KB]

   ...in dispute. [2] The landslip necessitated a retaining wall to be built at X, Christchurch (the Property) prior to any further earthquake repair work being undertaken on the dwelling at the Property. [3] The question in this claim is who is responsible for the cost of the retaining wall. Background [4] On 5 March 2014 a landslip occurred on the Property. The landslip followed a storm that was recorded as a “1-in-100 year” event in the region. [5] The storm, lasting t...

2. Complaints Assessment Committee 412 v Grewal, Preet & Co Real Estate Limited, Voordouw & Mason [2018] NZREADT 47 [pdf, 314 KB]

   ...period of the Wallbutton decision where there was an obligation to investigate, but as yet no obligation to report. [43] Mr Hern also submitted that there was no delay in informing the auditor of the unexplained transfers, and that the auditor’s responses, coupled with what he said at the meeting on 24 August, gave Mr Mason the impression that the auditor was not overly concerned about the matter. He submitted that at that meeting, the auditor accepted Mr Grewal’s explanation (...

3. Have your say on the family justice system [pdf, 1.1 MB]

   ...parties in dispute over arrangements involving care of their children. The service is only available for people who meet the income eligibility test. guardian (of a child) Being a guardian of a child means having all duties, powers, rights and responsibilities that a parent has in bringing up the child. hearing The part of a legal proceeding where the parties give evidence and submissions to the court and the Judge may make a decision. lawyer for the child A lawyer appointed b...

4. Director of Proceedings v McMillan [2020] NZHRRT 18 [pdf, 379 KB]

   ...defendant did not document the aggrieved person’s transfer from LDH to Dunedin Hospital. 113. The Southern District Health Board’s Maternity Inter-hospital Transfers from Lakes District Hospital guidelines state that the LMC retains clinical responsibility for the woman’s care until she is formally transferred to a specialist. 114. The defendant did not undertake or document any formal handover of the aggrieved person from the defendant’s care to obstetric staff at Duned...

5. [2019] NZREADT 49 - CAC 521 v Wright (13 November 2019) [pdf, 287 KB]

   ...8, above, at [57]. ( 17 Wright, fn 7, above, at [78]. determining the appropriate penalty in respect of the offending on which we have made the finding of disgraceful conduct. [64] An order for cancellation of licence is the appropriate response to Mr Wright’s offending. As Mr Belcher submitted, that order is not available to us, as Mr Wright has surrendered his licence. However, we record that had it been open to us to do so, we would have ordered that Mr Wright’s lice...

6. [2023] NZEmpC 74 Nelmac Ltd v Reunited Employees Assoc Inc [pdf, 339 KB]

   ...its claims against Nelmac particularly as they related to seeking assistance in fixing the terms of a new collective agreement. [99] The Authority’s application of public interest considerations relied on Four Midwives v Ministry for COVID-19 Response and GF v OO.26 [100] In PBO v Da Cruz the Court established principles to apply in deciding costs in the Authority in light of a challenge.27 Those principles are that:28 23 Costs determination, above n 4. 24 At [5]. I note...

7. [2022] NZREADT 15 – Complaints Assessment Committee 2108 v Rankin Tremain Real Estate Wairarapa Ltd (10 August 2022) [pdf, 224 KB]

   ...with misconduct under s 73(a) of the Act (disgraceful conduct). It is alleged that in completing agency (listing) agreements in respect of six sales, Mr Rankin forged the signatures and initials of the vendors. [3] Mr Rankin filed an amended Response to Charge on 23 February 2022 admitting the charge. [4] Tremain Real Estate Wairarapa Ltd (Tremain Real Estate or the agency), the second defendant, was the agency which engaged Mr Rankin. It is a licensed company agent. Mr Ran...

8. NZCVS Cycle 3 (2020) Section 3 How much crime is there in New Zealand [xlsx, 115 KB]

   ...other hand, when the confidence intervals of two estimates do overlap, the difference between the estimates is described as not statistically significant. This is a more conservative approach than a formal statistical test. Don't know/refusal responses Residual response categories such as "don't know" and "don't wish to answer" are generally excluded from analysis. This is generally the case for analysis of victimisation and rates of reporting victimisations...

9. Director of Proceedings v Chief Executive, Department of Corrections [2021] NZHRRT 34 [pdf, 567 KB]

   ...sugar levels; and e. Failure to perform a full respiratory assessment on 14 December 2016 despite Ms A’s symptoms, physical distress, and previous history of respiratory issues. 80. The defendant has acknowledged that, while individuals had a responsibility for the failures that occurred, in this case there was a pattern of failures by multiple providers responsible for Ms A’s care. The defendant has accepted that such a pattern of failures indicated systemic problems at the C...

10. [2021] NZREADT 36 - Lindsay-Penalty (13 July 2021) [pdf, 279 KB]

    ...publication. Relevant background [3] Mr Lindsay is a licensed agent. Between 2000 and 2016 he was involved in the management of Phoenix Real Estate Ltd (“the Agency”). Pursuant to section 50 of the Act he was, as from 17 November 2009,1 responsible for supervision of Ms Shirley Johnston, a licensed salesperson engaged by the Agency. The Tribunal was advised that Mr Johnson is no longer working with or involved in the Agency. [4] Between 2007 and 2015 the Selwyn District C...