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1. Riley & Arnoux v REAA & Carpenter & Quin [2013] NZREADT 38 [pdf, 45 KB]

   ...licensee. The Rules provide that a licensee must ensure that they are open and honest with a purchaser so that they are not misled in their decision to make an offer to purchase a property. There does not need to be any reliance by the purchaser on the statements (or lack of statements) by the agent and it is clear that a duty of utmost good faith is required from the agent.” [40] We need to determine whether the Committee was wrong to decide the licensees did not know about the sub...

2. Edwards v Capital and Coast DHB (Litigation guardian) [2016] NZHRRT 16 [pdf, 67 KB]

   ...has responded: [6.1] The second plaintiff’s claim relates to a disclosure he made about his older sister. It does not relate to the allegations the CCDHB made about the first plaintiff. [6.2] The alleged harm is clearly set out in the amended statement of claim. It is harm to the second plaintiff and his sister, not to the first plaintiff. [6.3] If the second plaintiff’s claim is successful, the first plaintiff will not benefit in any way. THE LAW The appointment of a litig...

3. Li & Gao v CAC 408 & Riley & Loughran [2016] NZREADT 31 [pdf, 146 KB]

   ...(a) Section 105 of the Act provides that the Tribunal “may regulate its procedures as it thinks fit”, subject to “the rules of natural justice”. (b) Section 109(1) of the Act provides that that Tribunal may: ….. “receive as evidence any statement, document, information, or matter that may, in its opinion, assist it to deal effectively with the matters before it, whether or not that statement, document, information, or matter would be admissible in a court of law.” (c) Reg...

4. Rika v Williams - Torere Section 33 (2018) 189 Waiariki MB 139 (189 WAR 139) [pdf, 302 KB]

   ...trust. [16] Ms Patu also alleged that Ms Hawke’s brother saw that she would not be a good trustee and turned down her application for a transfer of his shares. However, this was denied and Ms Patu did not provide any evidence in support of her statement. Jamie-Leigh Timoti [17] Ms Timoti also appeared at the hearing and opposed the application. She submitted that the appointment of Ms Hawke as a trustee is not needed. Rather, she suggested an independent trustee or independ...

5. Information Sharing Agreement for Sharing Permitted Information with Statistics New Zealand [pdf, 127 KB]

   ...shared under this Agreement. Viewing this document 17. This document is available to the public online at www.justice.govt.nz and at the Ministry of Justice, 19 Aitken St, Thorndon, Wellington. http://www.justice.govt.nz/� 7 Assistance statement 18. Both Parties will nominate a person who is responsible for receiving complaints about any interference with privacy connected with the operation of the Agreement. 19. Both Parties must ensure that at all times they have a compla...

6. [2020] NZREADT 55 - Motupally v The Real Estate Agents Authority (9 November 2020) [pdf, 240 KB]

   ...professional assistance they might choose to engage.3 Appeal grounds [5] Following the interim decision which we issued in this matter, the appellant filed an amended notice of appeal. In that decision we invited the appellant to file a concise statement of the grounds of appeal to replace the lengthy and discursive original notice of appeal. The key passage in the amended notice of appeal which sets out the basis upon which the appellant brings his appeal is as follows:...

7. 25b.-Appendix-B-to-the-Evidence-of-Mr-Lister-Tara-Ika-PC4.PDF [PDF, 197 KB]

   ...BEFORE THE HOROWHENUA DISTRICT COUNCIL INDEPENDENT HEARING PANEL IN THE MATTER OF the Resource Management Act 1991 AND IN THE MATTER OF the hearing on the Horowhenua Proposed District Plan Change 4 – Tara-Ika Growth Area STATEMENT OF EVIDENCE OF GAVIN CRAIG LISTER ON BEHALF OF WAKA KOTAHI NZ TRANSPORT AGENCY Integrated Design Dated: 2 November 2021 BF\61994961\1 Page 1 TABLE OF CONTENTS INTRODUCTION ..........................................

8. [2024] NZEmpC 116 Osborne v Callaghan Innovation [pdf, 203 KB]

   ...the PDA. [16] The policy specified what ought to be included in a written protected disclosure report: (a) the nature of the incident; (b) the names of those involved; (c) dates and locations; (d) the reporter’s name; (e) a clear statement that a protected disclosure is being made; and (f) any other relevant information. [17] The policy informed a person making a written disclosure that advice may be sought from Callaghan Innovation’s legal counsel and/or...

9. [2024] NZEmpC 204 Joyce v Ultimate Siteworks Ltd [pdf, 218 KB]

   ...category 2B scale costs in respect of the substantive proceedings. Based on that, but with some figures (including the total) corrected, the calculation is: Item Step (part) days Recoverable cost, at daily recovery rate of $2,390 2 Statement of defence 1.5 days $3,585 10 Pleading in response to amended pleading (x 2) 1.2 (0.6 x 2) $2,868 15 H v Employment Relations Authority, above n 13, at [38]. Compare Bache v Essex County Council [2000] 2 All ER 847 (CA)...

10. [2016] NZEmpC 120 Whanau Tahi Ltd v Dasari [pdf, 211 KB]

    ...Dasari) 2 Employment Relations Act 2000, ss 122 and 160(3) and the general objects contained in s 143 of that Act. was its employee. The relief now sought by the plaintiff in an amended statement of claim dated 17 November 2015 is as follows: (a) A finding that the defendant, Mr Dasari, was not unjustifiably dismissed. (b) That the orders for lost remuneration and compensation made by the Authority be overturned;...