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1. Wouldes v The Real Estate Agents Authority (CAC 409), Tremain & Nathan [2017] NZREADT 67 [pdf, 343 KB]

   ...NZREADT 67, at [98]. 2017 NZREADT 67 - Wouldes That observation may be relevant to a consideration of the actions a licensee might take on receipt of information that is relevant to other licensees’ obligations as to disclosure. Outcome [101] Ms Nathan’s appeal against the Committee’s finding of unsatisfactory conduct is dismissed. [102] Ms Nathan’s appeal against the penalty imposed is allowed. The order that she pay a fine of $5,000 is quashed and replaced by an...

2. Lethbridge v The Real Estate Agents Authority (CAC 403) & Fenton, Fenton v The Real Estate Agents Authority (CAC 403) & Lethbridge [2018] NZREADT 58 [pdf, 506 KB]

   ...was in fact provided to Mr Fenton. The Committee made some remarks concerning the suggestion that Mr Fenton may not have recalled receiving the document and the possibility that that may have been due to side-effects of his medical condition. [101] On appeal, Mr Fenton changed the grounds of his complaint to raise the question of whether the CMA provided was “out of date”. We agree with the submissions of Ms Mok that it is not open to a Mr Fenton to put forward another complain...

3. [2018] NZEmpC 77 Jones v Downer NZ Ltd [pdf, 482 KB]

   ...punished because of him and that the reason for this action was unjustified. (d) Mr Jones pleaded the meeting of 24 June went beyond a discussion of the proposed roster because of the remark by Mr Gray. (e) His suspension on 25 June 2016. [101] For each alleged disadvantage compensation of $10,000 under s 123(1)(c)(i) of the Act was sought. During closing submissions, the claims arising from the meeting on 18 May 2016, and relating to Jones Electrical, were withdrawn. Each...

4. Mullane v Attorney-General [2017] NZHRRT 40 [pdf, 417 KB]

   ...person must also be told the 18 grounds of the proposed decision. In the circumstances we can see no basis for reading into Principle 8 a duty on the Police to “hear” before using personal information when processing a vetting request. [101] As we stress in the following paragraphs, Principle 8 must be applied contextually and in the present case the foregoing factors are very much part of the context. THE APPLICATION OF PRINCIPLE 8 TO THE FACTS [102] The phrasing of Princip...

5. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 52 [pdf, 226 KB]

   ...fairly with” the Joshis, and is therefore a breach of r 6.2. [83] Rule 6.3 provides that “a licensee must not engage in any conduct likely to bring the industry into disrepute”. Rule 6.3 was discussed briefly in the case Jackman v CAC 10100,6 where the Tribunal approved of a Complaints Assessment 5 Real Estate Agents Act 2008, 3(1). 6 Jackman v CAC 10100 [2011] NZREADT 31, at [65]. Committee’s discussion of r 6.3...

6. TC vs Mr & Mrs SH LCRO 234/2014 [pdf, 233 KB]

   ...so. [100] Mr and Mrs SH maintain that had they received an estimate at an early stage of the retainer, indicating fees of up to $15,000, then they would not have taken matters further and would have gone elsewhere looking for a cheaper option. [101] I have reservations about the certainty with which that is expressed. By 28 November 2012 Mr and Mrs SH had received substantial documentation and advice from Mr TC, across several pieces of correspondence from him. It must have been...

7. [2022] NZEnvC 025 Greater Wellington Regional Council v Adams [pdf, 2.3 MB]

   ...Subdividing Parties were different to the effects of such works being undertaken by farmers who N1r Spearpoint accepted were "entitled" to undertake such works. [83] Although not directly on the point, we refer to the provisions of s 10(1)(a)(ii) and (b) (ii) RMA which make it clear that the matter at issue in existing use assessments (as the Regional Council thought this was) is the effects of land uses, not who might be undertaking those uses. We ask how can it be that t...

8. Hoete v Faulkner - Motiti North C No 1 Block (2017) 136 Waikato Maniapoto MB 278 (136 WMN 278) [pdf, 302 KB]

   ...Waikato Maniapoto MB 98-99 and 107 (128 WMN 98-99 and 107). 136 Waikato Maniapoto MB 302 of partition but in fact to decrease the area sought and within the same area as that encompassed by the sketch plan which accompanied the application. [101] This is a case in which, in contrast to many partition applications, virtually all the owners (and where they were deceased, their descendants) had been contacted prior to the application being filed in Court. Not only did the owners...

9. LCRO 133/2017 AD v BE (18 September 2019) [pdf, 349 KB]

   ...$110,000 by way of a personal bank cheque to [Mr GT] could be construed as intentionally obviating this obligation. [100] I am not entirely clear what Mr AD means. In any event, that appears to be the full extent of any written report to [EJP]. [101] It is woefully inadequate. [102] In his explanations to both the Committee and to this Office, Mr AD devotes considerable time to explaining how Mr BE had not properly sworn his affidavit and had not provided a complete set of docume...

10. [2021] NZEnvC 120 Brookby Quarries Limited v Auckland Council [pdf, 2.8 MB]

    ...not create irreconcilable tensions or pull in different directions. An application that needs to assess the different sets of provisions can consider and apply each set, in response to the particular circumstances at the time of an application. [101] We consider on this issue that the Societies are asking us to stray beyond the scope of the present proceedings. We accept the submission of the Council that the proposed revised provisions are at least not inconsistent with the river a...