Search Results

1. Swain v CAC 20008 & Anor [2014] NZREADT 13 [pdf, 134 KB]

   ...for payment of the agent's debts, nor may it be attached or taken in execution under the order or process of any court at the instance of any of the agent's creditors. (5) Nothing in this section takes away or affects any just lien or claim that an agent who holds money to which this section applies has against the money.” [8] Rule 5.1 reads: “5.1 A licensee must exercise skill, care, competence, and diligence at all times when carrying out real estate agency work.”...

2. OR v PL LCRO 88 / 2011 (20 August 2012) [pdf, 110 KB]

   ...4.6, Ms PJ refers to the fact that she and Mr OR were together immediately prior to his departure. In paragraph 4.26 she refers to Mr OR’s view that she has a personality disorder. Paragraphs [11] and [12] of the affidavit refer to Mr OR’s claims that he works from home. Therefore, Mr OR’s assertions that these matters were not before the Court is not correct. Failure to communicate with Ms OS [32] Mr OR’s complains that Ms PL did not contact his lawyer prior to lod...

3. EE v ZX LCRO 95/2012 (10 February 2014) [pdf, 111 KB]

   ...hearing had been concluded. The matter has now of course been addressed as Ms EE has had the opportunity to comment on the content of the email although she may still have not received a full copy. [31] I also note Mr LG’s correction of the statement that the Statutory Demand was issued by Ms EE, and accept his advice that it was instead sent by her clients without reference to her. Has there been a breach of rule 2.3 of the Conduct and Client Care Rules? [32] Rule 2.3 provid...

4. The Maori Trustee v Brightwell - Kaipakopako 2C2 (2016) 354 Aotea MB 226 (354 AOT 226) [pdf, 287 KB]

   ...those issues, the accuracy of the minutes is something to be dealt with by the trustees and the owners at the next meeting where the minutes will either be confirmed or not. They are, after all, only draft minutes until then. [16] The financial statements supplied by the Māori Trustees notes the distributable income and why the accounts are unaudited and the trust is not GST registered. The trust has a small income of just under $2,500 per annum. Clause 6(b) of the trust order pro...

5. Complaints Assessment Committee 403 v Zhang [2018] NZREADT 30 [pdf, 192 KB]

   ...client bought the property, on behalf of his property development 1 Complaints Assessment Committee 408 v Reed [2017] NZREADT 6. 2 Mr Reed was also found to have breached rr 9.1 (in relation to a statement made to an attendee at an open home as to the expected sale price), and 10.2 and 10.3 (for failing to provide the vendors with a written appraisal of the property). These findings are not relevant for present purposes. 3 Complaint...

6. 2021-05-18 Appendix 1 to the Deemed permits and associated rights of priorities JWS file 18 May 2021 [pdf, 265 KB]

   ...WSCA amd 1969). S8 Main Tail-Race Licence – Every current mining privilege that is a main tail race licence shall during its currency entitle the holder of the privilege to cut, construct, and maintain a race in order to carry off from such claims or tail races as are specified in the licence any water, tailings, sludge, and other refuse or waste from mining operations within the meaning of the Mining Act 1971: provided that where any such licence was granted before 10 Septe...

7. LCRO 152/2015 FR v CB and WT (15 May 2017) [pdf, 200 KB]

   ...included in FR’s schedule but not considered by the Committee. Beside each, I have noted the reason why the amount/bill of costs should not be included in the Committee’s consideration and on review: (a) $5,889.38 (31 August 2010) – this is a statement, not a further invoice; (b) $1,840 (18 April 2011) – this is a bill rendered by TE; (c) $920 (25 May 2011) – TE; (d) $2,619.01 (28 October 2011) – included in schedule twice; (e) 16 February 2012 – TE; (f) 26 July 2...

8. Real Estate Agents Authority v Wallace [2016] NZREADT 71 [pdf, 118 KB]

   ...had said (at a restorative justice conference) that the Inland Revenue Department was due to make her a refund which would cover the shortfall. Although Ms Wallace promised to provide the relevant paperwork to Mr Kendall so that he could make a claim for the refund, she failed to do so. Accordingly, although he had received the reparation payment from the Court, Mr Kendall was still owed $13,000. The charge of misconduct [33] Section 73(d) of the Act provides: 73 Misconduct...

9. Auckland Standards Committee 4 v O'Boyle [2021] NZLCDT 27 (29 October 2021) [pdf, 170 KB]

   ...expressions of remorse are thin, more related to her embarrassment at the public shame involved in these matters coming to light rather than recognition of her wrong- doing and compassion for those she harmed. [27] The victims wrote dignified impact statements. They speak of reputational and emotional harm having been suffered. The client’s ex-partner had been occupying a more senior role at work, and he had hoped to be permanently appointed with a salary uplift of $20,000. Uns...

10. Race-Relations-Commissioner_June-Release_FINAL.pdf [pdf, 288 KB]

    ...payments. With respect to his declaration regarding assets and other financial interests relevant to his activities with the Human Rights Commission, Commissioner Foon indicated “nil”. Regarding 4 The Chief Commissioner noted that “[t]he statement ‘MSD Emergency Housing’ was not carried over to the conflicts of interest register nor the list of Board member interests that informs the standing agenda item at all Board and programme committee meetings regarding Board member conf...