Search Results

1. Owen v Hauiti - Kiwinui A (2016) 57 Tairawhiti MB 70 (57 TRW 70) [pdf, 290 KB]

   ...present day and have paid the rates and insurance associated with the homestead. [13] In terms of the main block, Kiwinui A, it is now held in trust for the benefit of 763 beneficial owners. The block comprises 572.596 hectares. Approximately 0.1012m2 hectares of the block is set apart as a Māori reservation for the common use and benefit of 2 132 Waiapu MB 83 (132 WP 83) 3 134 Waiapu MB 221 (134 WP 221) 4 123 Gisborne MB...

2. IR v ST LCRO 203 / 2010 (9 March 2012) [pdf, 190 KB]

   ...agreed to be bound to this by his fax to [Mr SF] of 8 September 2008. The necessity for the arrangement was due to the appeal by Mr IR, which had not been heard at the time of the refinancing, and [Mr IR’]s wish not to sell the property”. [101] In his fax of 8 September 2008 Mr IR expressed unease about the provisions of the clause in the memorandum which provided that the transfer of the property was not to be taken as a complete transfer of Ms IS’s beneficial interest in...

3. [2013] NZEmpC 152 The Salad Bowl Ltd v Howe-Thornley [pdf, 243 KB]

   ...supporting it that would now be expected, was particularly damaging to Ms Howe-Thornley. Nothing seen or heard by me would persuade me that the Authority’s award of $5,000 was so excessive that I would be prepared to interfere with it. [101] I also agree with the Authority that there should be no reduction in Ms Howe- Thornley’s remedies for contributory conduct under s 124 of the Employment Relations Act. [102] The statutory consequence of delivering this judgment is...

4. Auckland City Council as Assignee v Russell [pdf, 126 KB]

   ...of FutureSafe Building Inspections Limited (FutureSafe) and that the report was signed "For and on Behalf of FutureSafe Building Inspections Limited"; and that Mr Russell has no personal liability. 10. Fair Trading Liability 10.1 In support of its claim as assignee of the rights of Mr & Mrs Nolan, the Council relies on certain sections of the Fair Trading Act 1986. The first is s9 which reads: "No person shall, in trade, engage in conduct that is misle...

5. NQE v Tan [2013] NZIACDT 37 (13 June 2013) [pdf, 195 KB]

   ...unprofessional. Ms Tan used the importance of the interview, as a device to make the complainant feel compelled to pay the additional cost to increase the likelihood of a successful interview. She did so when she was already obliged to provide the service. [101] Ms Tan’s claim of entitlement to be retained to complete the application process, and be paid fees for doing so is misplaced. The complainant had good cause to terminate her engagement, she did not have terms of engagement that...

6. RV v Auckland Standards Committee LCRO 299 / 2011 (18 October 2012) [pdf, 197 KB]

   ...review is complete, as the issue of whether the charge is to be a separate charge or a charge of serial behaviour under section 241(c), or indeed a lesser charge of unsatisfactory conduct pursuant to section 241(e) will assume some significance. [101] In the circumstances, SA rightly submits that each matter complained of must be capable of meeting the threshold test - namely that there is a real risk that the Practitioner may be suspended or struck off. [102] Having reached the c...

7. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence - Janet Stephenson [pdf, 2.1 MB]

   ...community dividend should positively JRS-031 31 affect everyday life through projects determined by the community and for the benefit of the community. Impacts on culture – their shared beliefs, customs, values and languages 101. The proposal is aligned with Māori cultural values as expressed by Kati Huirapa. It also is founded in values and aspirations shared by many community members. Their community – its cohesion, stability, character, services and faci...

8. LCRO 27/2021 BK v RQ (27 August 2021) [pdf, 223 KB]

   ...Ms RQ fair and reasonable for the services provided? [100] Ms RQ rendered four invoices (exclusive of GST and disbursements): (a) 1 August 18 $5,670.00 (b) 28 August 18 $2,235.00 (c) 12 December 18 $4,250.00 (d) 30 August 19 $3,500.00 [101] Ms RQ did not compile a record of her time recorded on the file. [102] I agree with the Committee’s conclusion that it would have been desirable for Ms RQ to have maintained time records. It considered that its ability to assess the fee...

9. CAC20005 v Morton-Jones [2015] NZREADT 49 [pdf, 235 KB]

   ...respect of conduct which, while not directly involving real estate agency 21 work, nevertheless has the capacity to bring the industry into disrepute and which, for that reason, agents of good standing would consider to be disgraceful. [101] Mr Clancy submitted that, on the evidence, there are really only two explanations for what occurred in respect of the rental shortfalls: [a] Either Mr Morton-Jones was intentionally using rental money properly payable to landlord clients...

10. [2020] NZEnvC 114 Summerset Villages Lower Hutt Limited v Hutt City Council [pdf, 31 MB]

    ...requirements of amended Conditions 36 and new Condition 36A, appear to provide sufficient parameters and certainty as to what the updated landscape planting and management plan based on those documents is to contain and be certified against. [101] However, the Note that refers to certifying the Landscape Planting and Management Plan (LPMP) when satisfied that the final LPMP is broadly consistent with the LPMP submitted with the application is not correct given the revised landscap...