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1. Handley v Real Estate Agents Authority (CAC 412) & Fejos [2017] NZREADT 25 [pdf, 93 KB]

   ...Agents Authority (“the Authority”) on 12 October 2016. On 6 December 2016 the Committee considered the information submitted by Ms Handley supporting her complaint. [5] On 13 December 2016, Mr Fejos provided the Authority with a substantive response to the complaint. Included with that response was a letter from the vendor of the property. Neither document was provided to the Committee before it released its decision not to inquire into the complaint. [6] On 20 December 2...

2. [2019] NZEnvC 144 Middleton Family Trust v Queenstown Lakes District Council [pdf, 1 MB]

   ...The appellants advised that they would not be filing anything further and would abide the decision of the court.3 [5] The Council has also advised that it does not intend to file any further legal submissions or evidence.4 The Society's response [6] There has been no response from the Society. [7] At [64] of the Interim Decision, the court was careful to warn the Society that leaving matters in an indeterminate state was not an option. It was made clear that the (2018] NZEn...

3. HRRT Statement of Reply (Privacy) [pdf, 236 KB]

   ...__________________________________________________________________________ THE HUMAN RIGHTS REVIEW TRIBUNAL Statement of Reply When to use this form Use this form if you are named as a defendant in a ‘Statement of Claim’ under section 98 of the Privacy Act 2020 and wish to file a ‘Statement of Reply’ in response to the allegations made against you. Completing this form • Print clearly in CAPITALS. Use a black pen or blue pen when completing this form. • Please file fo...

4. Otorohanga District Council.pdf [pdf, 227 KB]

   ...Variation 1 (“PC1”). 3. Otorohanga DC is a local authority and made a submission on PC1. Otorohanga DC has an interest in the subject matter of the proceedings greater than the general public has, given its role as a territorial authority responsible for providing water, stormwater and wastewater services to its community. 4. Otorohanga DC is not a trade competitor for the purposes of sections 308C or 308CA of the Act. 5. Otorohanga DC is interested in those parts of...

5. Enforcement of an access direction - reply (s104) [pdf, 215 KB]

   ...REVIEW TRIBUNAL Enforcement of access direction - Reply When to use this form Use this form if you are named as a defendant in an application for an access order under section 104 of the Privacy Act 2020 and you wish to file a Reply in response to the application. Completing this form • Print clearly in CAPITALS. Use a black pen or blue pen when completing this form. • Please file four physical copies of this ‘Reply’, by posting or by handing them in to the Secret...

6. GP v SKS Ltd [2017] NZDT 1168 (10 February 2017) [pdf, 76 KB]

   ...supplied to a consumer there is a guarantee that the services will be carried out with reasonable skill and care. [9] Mr GP told the Tribunal that he had a four day period when his internet was down and that this should have immediately triggered a response from the monitoring company and it did not. He states this is unacceptable and a professional monitoring organisation would have alerted him to the problem. [10] Mr KS states that he agreed with Mr GP that the experience he ha...

7. [2020] NZREADT 40 - Rozana Cachay Limited v Real Estate Agents Authority (7 September 2020) [pdf, 162 KB]

   ...were incorrectly recorded in the ledger. [3] The Agency admitted to all breaches, except for the breaches of s 123 of the Act referred to in the audit reports for 2016 and 2017. The Agency said that in both cases the funds were released early in response to emails received from solicitors for the parties concerned, notwithstanding that the solicitors concerned did not sign an early release authority as required by s 123. The Committee’s decisions [4] In its substantive dec...

8. 2021-06-09 ORC - MOC - Regarding scope for relief sought by TAs [pdf, 127 KB]

   ...Solicitor: P A C Maw / M A Mehlhopt (philip.maw@wynnwilliams.co.nz / michelle.mehlhopt@wynnwilliams.co.nz) 1 MAY IT PLEASE THE COURT: 1 This Memorandum of Counsel is filed on behalf of the Otago Regional Council (Council or ORC) in response to the Court’s direction that the Council file a memorandum identifying any relief that it contends are outside the scope of Plan Change 7 (PC7) to the Regional Plan: Water for Otago (RPW), noting the principles relied on.1 2...

9. Canterbury Westland Standards Committee 1 v Williams [2020] NZLCDT 8 [pdf, 98 KB]

   ...us to the relevant law and in particular to Daniels2 which emphasised that “if the purposes of imposing disciplinary sanctions can be achieved short of striking off then it is the lesser alternative that should be adopted as the proportionate response”. [7] The submission by the Committee was that strike-off should be imposed when regard is had to the nature and gravity of Mr Williams‘ conduct. This submission was made notwithstanding an acknowledgement that Mr Williams admit...

10. ZC v NU Ltd [2018] NZDT 1481 (2 August 2018) [pdf, 195 KB]

    ...never told the hem would be cut. Although she did not say that she was hoping to let the hem down again later, she gave evidence that she told the first shop assistant that the kilt was for her daughter for dancing. 8. I find that it was the shop’s responsibility to make it clear that the hem would be cut, especially given that it was alerted to the fact that the kilt was for a child, and it is well known that children of an age to fit a kilt of this size often grow quite quickly. It wa...