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1. LCRO 148/2022 NH v MV (13 June 2024) [pdf, 220 KB]

   ...discretion pursuant to s 138(1)(2) of the Lawyers and Conveyancers Act 2006 that further action was unnecessary or inappropriate, and on the basis (pursuant to s 138(1)(f) of the Act) that there was in all the circumstances an adequate remedy or right of appeal that it would be reasonable for Ms NH to exercise. 21 At [45]. 22 At [46]. 23 At [48]. 10 Ms NH’ application for review [48] Ms NH provided a succinct summary of the reasons for her application for review. S...

2. [2006] NZEmpC AC 55/06 Downey v NZ Greyhound Racing Assoc Inc [pdf, 80 KB]

   ...that Mr Bryson had to provide his own tools. However, in addition to the control in respect of actual duties, his hours of work each week were specified. He was not simply on call as and when required. Justice McGrath in the dissenting Court of Appeal judgment adopted a similar approach ([2004] 2 ERNZ 526, 530). [28] Mr Downey occupied a totally different position. While there were duties required to comply with the rules of racing, and in performance of his judicial functions...

3. Grubb and Anor as Trustees of the Bas Trust v Auckland Council [2011] NZWHT Auckland 58 [pdf, 108 KB]

   ...the estimate of $20,000.00 is not relevant. 15 [44] The parties asked me to decide if the claimants were „the material or substantial cause of their own loss‟, or whether they contributed to their own loss. [45] The Court of Appeal has stated that the extent of contributory negligence is a matter for judgement in the circumstances of the case, ranging from a small deduction from the damages awarded to a very high one. In her judgment in Findlay, Ellis J stated t...

4. M Dwan v Park No 3 Trust & Ors [2013] NZWHT Auckland 11 [pdf, 249 KB]

   ...stress and constant worry as she lived with the knowledge of the leaks and ongoing damage for five years from 2007–2012. She was worried about her health and safety and that of visitors and also had financial concerns. [6] The Court of Appeal in Byron Ave2 provided a guide for damages in such situations at $25,000 for an owner occupier in Ms Dwan’s circumstances. I find that her evidence shows she is entitled to this level of damages. [7] Ms Dwan obtained an overdraft...

5. [2021] NZREADT 42 - Complaints Assessment Commitee v Vulinovich (6 August 2021) [pdf, 259 KB]

   ...falsified records were genuine and refused to accept responsibility for her actions. His Honour characterised Ms Prasad as having come before the Tribunal “not … as a penitent but as a recalcitrant”.14 On those grounds, the Authority’s appeal against the Tribunal’s order for suspension of Ms Prasad’s licence was overturned and cancellation ordered. [47] Similarly, Mr Mairs did not admit any wrongdoing and maintained that stance throughout the disciplinary process. The...

6. [2018] NZEnvC 030 Auckland Council v London Pacific Family Trust [pdf, 7.4 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC ~ 0 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act AUCKLAND COUNCIL (ENV-20 17 -AKL-OOO 105) Appellant JANICE BUDDEN, MARK GITTOS AND MICHAEL ROWE AS TRUSTEES OF THE LONDON PACIFIC FAMILY TRUST Respondent Principal Environment Judge L J Newhook Environment Judge JJM Hassan Environ...

7. Applicant C v Registrar of Real Estate Agents Authority 2017] NZREADT 10 [pdf, 178 KB]

   ...review of the Registrar’s decision to decline her application for renewal of her licence is granted. Her licence is to be renewed. [44] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. _____...

8. Eggo v Tupene - Opape No 1A No 1B (2017) 169 Waiariki MB 45 (169 WAR 45) [pdf, 238 KB]

   ...(2) The court may at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [11] I adopt the reasoning set out by the Court of Appeal in Rameka v Hall as follows: 10 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section refers to the following: (a) Carrying out the terms of the trust: (b) The proper administratio...

9. [2023] NZREADT 9 – Complaints Assessment Committee 2108 v O’Brien & Wildman (28 April 2023) [pdf, 247 KB]

   ...his professional obligations. 2 Chaudhary v Real Estate Agents Authority [2019] NZREADT 24, Complaints Assessment Committee 1905 v Brady [2021] NZREADT 35, Complaints Assessment Committee 409 v Wong [2018] NZREADT 16. 5 2. The Court of Appeal has highlighted the importance of an agency agreement.3 3. He breached his obligation to the parties (marketing the property without an agency agreement) and acted unprofessionally towards his employer. 4. By failing to inform his em...

10. Leckie - Matauri 2K (2016) 137 Taitokerau MB 23 (137 TTK 23) [pdf, 219 KB]

    ...Ngatai v Charmaine - Matakana 1A7A (2007) 21 Waikato Maniapoto Appellate MB 147 (21 APWM 147); Bidois - Te Puna 154D3B2B (2008) 12 Waiariki Appellate Court MB 102 (12 AP 102); Whaanga v Niania - Anewa Block [2011] Maori Appellate Court MB 340 (2011 APPEAL 340); and Rudolph v Reti - Otetao B3A2 [2011] Maori Appellate Court MB 143 (2011 APPEAL 143). 5 127 Taitokerau MB 127-132 (127 TTK 127-132). 137 Taitokerau MB 32 [14] In terms of s 329(2)(aa), the occupation orders will be...