Search Results

1. Buchanan - Riwaka-Matiu-Mātana Whanau Trust (2018) 50 Te Waipounamu MB 152 (50 TWP 152) [pdf, 253 KB]

   ...of particular relevance: a) To ascertain and give effect to the wishes of the owners of any land to which the proceedings relate; b) To determine or facilitate the settlement of disputes and other matters among the owners of any land; c) To protect minority interests in any land against an oppressive majority, and protect majority interests in the land against an unreasonable minority; d) To ensure fairness in dealings with the owners of any land in multiple ownership; e) To p...

2. WC v AU LCRO 218 / 2012 (6 June 2013) [pdf, 94 KB]

   ...decision on the basis that at all times he was of the view that Mrs AV’s application for him to be reassigned as counsel would be 4 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 5 Above n 4. 4 successful and he is somewhat perplexed as to why it was not. Furthermore, Mr WC believed that if he had not filed the e-bail application, Mrs AV would have been significantly disadvantaged by the del...

3. [2020] NZREADT 24 - Schroder (16 June 2020) [pdf, 163 KB]

   ...Committee 1903 charged Mr Schroder with misconduct under s 73(c)(iii) of the Real Estate Agents Act 2008, alleging that his conduct constituted a wilful or reckless contravention of r 6.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. [2] In his response to the charge, dated 12 November 2019, Mr Schroder admitted the charge. Facts [3] An agreed Summary of Facts was filed on 31 January 2020. [4] Mr Schroder was a licensed salesperson, engaged...

4. [2016] NZEmpC 117 NZMWU Inc v AFFCO NZ Ltd [pdf, 160 KB]

   ...may be summarised as follows: a) Would any sum claimed by the second plaintiffs in respect of lost remuneration as a result of the unlawful lockout and conduct be a claim for damages, or would it be a claim for “wages” under the Wages Protection Act 1983 (WP Act)? b) Should the calculation of lost remuneration disallow any period when the employee was on a benefit (other than an unemployment benefit, now known as Job Seeker Support) or working elsewhere, either on the emp...

5. [2014] NZEmpC 64 Fox v Hereworth School Trust Board No 5 Interlocutory [pdf, 142 KB]

   ...(d) information compiled or prepared at the request of the party, or the party’s legal adviser, by any other person. (3) If the proceeding is under, or to be under, Part 2 of the Children, Young Persons, and Their Families Act 1989 or the Care of Children Act 2004 (other than a criminal proceeding under that Part or that Act), a Judge may, if satisfied that it is in the best interests of the child to do so, determine that subsection (2) does not apply in respect of an...

6. O v J [2016] NZIACDT 17 (30 March 2016) [pdf, 145 KB]

   ...professionally in accepting payment of his fee via an intermediary (the complainant’s flatmate). [6.2.3] Mr J failed to issue invoices. [6.3] Mr J breached clause 1.1(a) of the 2010 Code. The provisions required him to perform his services with due care, diligence, respect and professionalism. The circumstances were: [6.3.1] At the meeting on 15 July 2013, the complainant used his mobile telephone to record the meeting. [6.3.2] During the meeting Mr J: [6.3.2.1] Repeatedly used...

7. [2022] NZEnvC 152 Ngai Taiwhakaea v Whakatane District Council [pdf, 301 KB]

   ...possibility of settlement where compromise could have been reasonably expected; and 10 DFC NZ Ltd v Bielby [1991] 1 NZLR 587. [11] 6 (e) where a party takes a technical or unmeritorious point. The High Court in Environmental Protection Authority v BW Offshore Singapore Pte Ltd11 signalled a potential departure from the Bielby factors in favour of the High Court costs principles. However, this Court has identified concerns with the approach in BW Offshore and has a...

8. [2022] NZEmpC 122 Reunited Employees Assoc Inc v Nelmac Ltd [pdf, 223 KB]

   ...bargaining.7 [7] During facilitation an agreement was reached on the outstanding bargaining claims. That agreement was contained in an Authority minute and was about wages, allowances, annual leave, obnoxious work outside of normal duties, tools, protective clothing and training.8 A table of a new printed rates schedule was included in the minute. 3 At [73]. 4 At [72]. 5 At [19]. 6 At [47]; see Employment Relations Act 2000, s 50B. 7 Sections 50C(1)(a). 8 Dated 23...

9. BORA Search and Surveillance Powers Bill [pdf, 314 KB]

   ...18 Search of person or vehicle and attendant entry to place or vehicle of armed person where that person in breach of the Arms Act, incapable of controlling the arms, at risk of killing or causing bodily injury or is or could be subject to a protection order Safety / regulated activity 19 Search of place or vehicle for certain controlled drugs and precursor substances where offending suspected and risk of loss of evidence Regulated activity / likelihood of loss of evidence...

10. McLachlan v CAC 10048 & Hegan [2012] NZREADT 39 [pdf, 51 KB]

    ...he was then free to sell the property to whomever he pleased. The appellant further alleges that the licensee breached several REINZ rules, the Real Estate Agents Act 2008 (the Act), and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 (the Rules). The Committee’s Decision [7] The Committee found that the appellant had sufficient time to “thoroughly” read the listing agreement of 1 October 2009 with MacPherson. It did not consider that there was...