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1. Spring v The Real Estate Agents Authority (CAC 308 & CAC 403) & Buczkowski [2017] NZREADT 82 [pdf, 325 KB]

   ...It was Ms Buczkowski’s obligation as an agent to advise Mr Spring and Ms Norris of the risks of accepting a tender with a post-dated deposit cheque. Mr Spring claims he was not told of the risks. Mr Spring does not address this issue in his affidavit of 6 September 2017 (but does in his other written material), but Ms Buczkowski states she did inform the vendors of the risks of a post-dated cheque. She produced copies of the file notes she made in her diary on 26 March 2013. A...

2. Auckland Standards Committee v Davidson [2012] NZLCDT 28 [pdf, 119 KB]

   ...Solicitor. We note that situation is distinguishable from the present case, in that the practitioner involved in that matter made improper use of his position as a Chairman for personal gain. That is not the situation here. Reputation [39] In an affidavit in reply the Standards Committee has annexed a number of media reports about the Bridgecorp collapse, which include Mr Davidson’s name. Some of these refer to him as a lawyer. [40] It is our unanimous view that media reports...

3. N Ltd v SQ & TQ [2023] NZDT 314 (25 July 2023) [pdf, 182 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

4. [2017] NZEnvC 059 Save Erskine College Trust v Erskine Developments Limited [pdf, 462 KB]

   ...and cancelled, the interim enforcement order which had been made by Judge Thompson on 12 December ex parte and on the papers. [3] Further detailed background and essential facts are recorded in my 22 December dec!sion just referred to. Detailed affidavits had been filed on both sides prior to the urgent hearing I conducted just before Christmas. Each party lodged focussed legal submissions about the quite complex interface between HASHAA and the RMA on these matters, and addressed t...

5. Swanson - Waotu South C No 6B (2014) 110 Waiariki MB 187 (110 WAR 187) [pdf, 235 KB]

   ...land is a hindrance to sale. The objective of the status change is not to maximise the sale price, as without the status change there will be no sale. 110 Waiariki MB 191 Evidence of David Graham [10] Mr David Graham filed an affidavit in support of the application and appeared before the Court at the last hearing. In his evidence he confirms that he has been utilising the block on an informal basis since he purchased the neighbouring property from Mr Riley. He h...

6. Roberts - Okoroire 457N1 Maori Reservation (2016) 141 Waiariki MB 134 (141 WAR 134) [pdf, 228 KB]

   ...not believe either are prepared to work constructively with the current trustees in the best interests of the marae. The response to the objections [16] On 8 April 2016 the Court received a letter from Ms Hamilton responding to Ms Robert’s affidavit. She noted: (a) Mr Thompson was not removed in 2013. He lost his seat because he sought re-election and did not receive enough votes. 141 Waiariki MB 139 (b) Ms Roberts has repeatedly raised the matter of the missing Trust Wa...

7. [2015] NZEmpC 201 Owen v CE of the Department of Corrections [pdf, 174 KB]

   ...put to her in writing. Her evidence would in the circumstances need to be considered under the Authority’s equity and good conscience provision. 12 The Department was now in the position of potentially relying on evidence given by Ms B on affidavit; the fact that formal cross-examination of her at the investigation meeting was no longer possible was more likely to prejudice the Department’s case rather than that of Ms Owen. This would also have been the case if it had bee...

8. Bristowe - Section 4C1 Blk II Tuatini Township and Lot 1 DP 7439 and Lot 2 DP 7439 (2002) 151 Gisborne MB 250 (151 GIS 250) [pdf, 1.2 MB]

   ...the Court indicates that this evidence is a fair assessment of the state of the buildings. He indicated that since Mr Bristowe had 151 Gis MB 254 passed away, his whanau had taken occupancy of some of the buildings. Mr McClutchie also filed an affidavit on 11 July 2001 indicating that the Trust wanted to work with all the beneficiaries of the reservations to give effect to both the wishes of the late Mr Bristowe and the purposes for which the reservation was created. It was obvious...

9. Mason v REAA [2013] NZREADT 7 [pdf, 66 KB]

   ...applicant emphasised that the applicant made no secret of his convictions and included a copy of his previous convictions with his application. [45] Counsel also stresses that the applicant’s referees, Messrs McGuigan and Croucher, have both sworn affidavits in which they each confirm that, notwithstanding the applicant’s convictions, they consider him to be a suitable person to hold a Real Estate Agents licence. [46] It is also emphasised that Mr Mason’s conviction in 2006 wa...

10. Central Standards Committee 3 v Sawyer [2022] NZLCDT 38 (28 October 2022) [pdf, 222 KB]

    ...suspension for a lengthy period is, in these circumstances, unrealistic. This decision explains how we have come to the same view. 1 Had we not found misconduct, we would have considered the alternative of unsatisfactory conduct. 2 Exhibit 2 to affidavit of K L Corbett 23 March 2022. 3 Section 7(1)(a)(i) Lawyers and Conveyancers Act 2006 (the Act). 4 Section 7(1)(a)(ii) of the Act and rules under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules) 2008. 5 Sect...