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1. [2013] NZEmpC 214 South Pacific Ltd v Tian [pdf, 75 KB]

   ...Ltd [2011] NZEmpC 139. 3 Regulation 6(2)(a)(ii). 4 EMC Auckland AC15/07, 27 March 2007. overall interests of justice, having regard to the particular circumstances of the case before it. The interests of both parties must be weighed carefully. [7] As the Court of Appeal observed in A S McLachlan Ltd v MEL Network Ltd: 5 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken a...

2. IA v QZ and MA LCRO 205 / 2010 (18 June 2012) [pdf, 88 KB]

   ...involving clients who contacted him personally to the law firm where Mr M practised. [7] Mr M also provided a response on behalf of the Applicant, informing the Society that he had come to an agreement with the Applicant that he should take great care not to breach the undertaking and that his practice would take up any further matters involving B or his related entities. Mr M submitted that it was not correct that the Applicant continued to act against B, but explained that his...

3. Stratton v REAA & Mathews [2013] NZREADT 37 [pdf, 58 KB]

   ...bring about a transaction; and [c] notwithstanding that Mr Stratton’s basis for claiming is contractual under the agreement, the inclusion of such a clause is a breach of Rule 9.12 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 (“the Rules”). That Rule is set out below. Relevant Sections of the Act [12] The offences of “unsatisfactory conduct” and “misconduct” are respectively defined in ss.72 and 73 of the Act as follows: “72 Unsa...

4. BORA Limitation Bill [pdf, 285 KB]

   ...commented (at [51]): “It is noteworthy that limitation periods in personal injury cases are a common feature of the domestic legal systems of the Contracting States. They serve several important purposes, namely to ensure legal certainty and finality, protect potential defendants from stale claims which might be difficult to counter and prevent the injustice which might arise if courts were required to decide upon events which took place in the distant past on the basis of evidence...

5. Nisha v Devi [2011] NZIACDT 26 (5 September 2011) [pdf, 85 KB]

   ...unsupervised. That penalty makes it appropriate to ameliorate the financial penalties that would otherwise apply. That is due to the potential effect on the Adviser’s means to pay a penalty, and because that restriction on her professional practice will protect the public without the need to rely solely on a financial penalty to signal the gravity of the offending. [14] Accordingly, the effect of the other complaints is favourable to the Adviser in terms of the penalties that will be i...

6. Century 21 Wellington Limited v Complaints Assessment Committee 412 [2017] NZREADT 47 [pdf, 150 KB]

   ...unsatisfactory conduct in that Century lacked proper office systems and financial controls to safeguard client funds. (b) In breach of ss 50 (1) and (2) of the Act, and Rules 8.3 and 8.4 of the Real Estate Agents Act (Professional Conduct and Client Care Rules 2012 (“the Rules”) Century failed to provide a suitable supervision structure and framework to ensure that the licensees were supervised appropriately. Century’s inadequate supervision structure allowed Schembri as a n...

7. BORA Evidence Amendment Bill [pdf, 304 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions. Footno...

8. [2024] NZEnvC 074 GI Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 175 KB]

   ...COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2024] NZEnvC 074 IN THE MATTER of an appeal under s 325A of the Resource Management Act 1991 BETWEEN GI FINLAY TRUSTEES LIMITED BETH MARY DANIEL and BARRY CARE DANIEL (ENV-2022-AKL-000189) Appellants AND WESTERN BAY OF PLENTY DISTRICT COUNCIL Respondent AND PRIORITY TE PUNA INCORPORATED Section 274 Party Court: Environment Judge L J Semple sitting alone under s 279 of the Act...

9. Wellington Standards Committee v McGuire [2011] NZLCDT 28 [pdf, 94 KB]

   ...months of supervision and mentoring, regular reporting by Mr McGuire and his supervising practitioner to the Law Society, appropriate continuing education commitments by Mr McGuire (particularly around matters such as the Rules of Conduct and Client Care), and provision for replacing the practitioner undertaking the mentoring and supervising should that practitioner become unavailable for some reason during the term of the agreement, were noted. While costs are finally a matter for...

10. Notes from Crown Maori Relations hui Waikato 28 April 2018 [pdf, 439 KB]

    ...responding to broader social issues. • Agencies – A few speakers suggested that government agencies must meet the Government’s Crown/Māori relationship objectives. • Stability – One speaker indicated that the government needed to be careful to ensure that it doesn’t compromise the existing systems and mechanisms in place supporting our whānau and communities. Strengthen what is working well and offset the negative features. Examples of positive systems were Māori eco...