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  1. Piontecki v REAA & Davies [2014] NZREADT 61 [pdf, 71 KB]

    ...identified that the LIM report was irrelevant and thus not used it in mitigation, it is submitted that it would have reached a different outcome. 27. The second mistake of fact that the Pionteckis submit affected the CAC's decision, was its statement at 4.17 of the decision: "The Committee believes that a more experienced licensee may have included a clause in the sale and purchase agreement requiring due diligence in relation to the SLP, or an acknowledgment that the compl...

  2. [2015] NZEmpC 202 Higgs v Monro Ltd [pdf, 161 KB]

    ...angry reaction, and one which was quite inappropriate in the workplace. Contribution was fixed at 50 per cent. This too is the subject of the challenge by Mr Higgs. Issues before the Court [14] The first pleading to be filed was Mr Higgs’ statement of claim raising a non de novo challenge in respect of remedies. This was followed by Monro’s statement of defence including a non de novo cross-challenge as to the findings made in respect of procedural unfairness. In this de...

  4. LCRO 39/2019 Yuri Lukas v BW and CV (29 November 2019) [pdf, 151 KB]

    ...terms of engagement.18 [35] The Committee said:19 41. In the Standards Committee’s view, Mr Lukas handled this situation poorly. There is no mention in the terms of engagement about Mr BW and Dr CV not contacting INZ. It was unacceptable to claim that it was and left them feeling afraid to contact INZ when it was their right to do so. Again, this situation seems to have occurred because the overall communication from Mr Lukas to Mr BW and Dr CV was lacking. [36] The Committee d...

  5. [2023] NZREADT 5 – KM v Real Estate Agents Authority (CAC 2102) (20 March 2023) [pdf, 205 KB]

    ...were the coach and manager respectively of the rugby team of the vendors’ son). [36] On 25 June 2021, the appellant sent an auction live stream video to the Authority with a time schedule showing the sequence of events. [37] Three similar statements were provided by or on behalf of the appellant to the Authority: 1. NI (3 September 2021) said that the bidder’s children were employed by the licensee to drop real estate flyers in letterboxes. Furthermore, the licensee kep...

  6. LCRO 42/2022 QA v Kennelly (19 April 2023) [pdf, 232 KB]

    ...for the beneficiary of the deed saying she could only get the mortgage on the property in the deed if the gift was unconditional and he was otherwise unresponsive to my concerns. I found this odd as his response so closely corresponded with WM’s statements on how she needed a letter to get the mortgage offer. Accordingly it prompted me to ask Patrick Kennelly if he know WM and he said yes he did know, or know of, her. [29] Mr QA says he voiced concerns about “simply gifting the...

  7. Wilson - Oue 2B 2C [2025] Chief Judge's MB 169 (2025 CJ 169) [pdf, 495 KB]

    ...submission was referred to me on 26 March 2024. In that submission he opposed the Registrar’s findings. He reiterated that Hapeta Hau was not a brother of Maata Hau. He was a nephew as Hapeta’s father (Hamiora) was Maata Hau’s brother. He also claimed that Hapeta Hau was not a first cousin to Peri, Te Rapunoa and Te Aurere Pou (also known as Ahenata Pou). He was adamant that it is only the children of Rina Pou and Ahenata Nahi who are the first cousins of Peri, Te Rapunoa an...

  8. [2015] NZEmpC 120 G L Freeman Holdings Ltd v Livingston [pdf, 113 KB]

    ...notice would cause any monetary loss to the plaintiff. It is equally clear that the plaintiff actually suffered no monetary loss as a result of Ms Livingston giving two weeks’ rather than six weeks’ notice. [33] That leaves Mr Freeman’s statement that the forfeiture provision was to compensate the company for stress arising out of a reduced period of notice being given. When asked to explain this, Mr Freeman suggested that he found it more stressful having to recruit new s...

  9. LCRO 139/2015 WN v YL and TM [pdf, 190 KB]

    ...released, on reviewing this I discovered numerous deletion pertaining to the hand written notes. (pages labelled with point post its) 9. Concerned at the inaccuracy’s [sic] in the content of some of these notes 10. Without prejudice the following statement made by TM, speak volumes and require explanations! Reference email dated 12 July 2011! Whereby TM has stated in this email that “Whilst we understand that you have been required to for financial reasons, in our experience peo...

  10. Territorial Authorities - JS McGirr - Supplementary - 12 May 2021.pdf [pdf, 2.1 MB]

    ...not expected to have any impact on this water supply upgrade project. DO THESE CENTRES QUALIFY AS URBAN ENVIRONMENTS 44. QLDC completed Housing and Business Development Capacity Assessments (HBA) in 2017 in accordance with the National Policy Statement on Urban Development Capacity (NPSUDC 2016)1. 1 file://gcadc02/Users$/bi/Downloads/housing-capacity-assessment-2017%20(1).pdf file://gcadc02/Users$/bi/Downloads/business-capacity-development-assessment- 2017-final.pdf file://gca...