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1. Smitheram v Hanns [2010] NZWHT Wellington 24 [pdf, 483 KB]

   ...under or between the ply in the adjacent cladding. [65] Stormwater is able to pond against the bottom of the cladding at the gable end. There is minimal bottom of the sheet clearance between the bottom of the EIFS cladding and the LAM. No protective UPVC shoe could be found protecting the bottom of polystyrene sheet. The framing showed visible signs of decay. The LAM upturn is of insufficient height to prevent moisture wicking up behind the cladding and causing damage the s...

2. International Covenant on Civil and Political Rights - list of issues 5th report [pdf, 38 KB]

   ...page 3 13. Please indicate(a) whether persons detained on mental health grounds have prompt access to judicial review of their detention; (b) whether inspection systems have been established in line with the United Nations Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care; (c) what measures have been taken to redress the high number of persons with mental health problems in prisons. Please also provide detailed information on men...

3. Cavanagh v Nassiep [2012] NZIACDT 84 (18 October 2012) [pdf, 83 KB]

   ...ensure that appropriate standards of conduct are maintained in the occupation concerned.” [25] The statutory purpose is achieved by considering at least four factors which materially bear upon maintaining appropriate standards of conduct: [25.1] Protecting the public: section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [25.2] Demanding minimum standards of conduct: Dentice v Valuers Registrati...

4. Matheis v Ling [2016] NZIACDT 30 (13 June 2016) [pdf, 169 KB]

   ...standards of conduct are maintained in the occupation concerned.” [9] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [9.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [9.2] Demanding minimum standards of conduct: Dentice v Valuers Registrat...

5. Stewart v CAC10064 & Cooper [2013] NZREADT 58 [pdf, 58 KB]

   ...vendors. Eves admits that Coopers continued to contact the vendors directly.” [17] Finally, the CAC said: “4.17 ... and in its defence [Eves] has said that its policy was not to enforce any double commission. This is not the same as taking care to ensure that no legal obligation to pay two commissions arises, and Eves has provided no rebuttal of the allegation that they reassured the vendors that there was no risk, rather than taking steps to obtain the relevant information. It...

6. CA v DO LCRO 68 / 2012 (26 September 2013) [pdf, 98 KB]

   ...opinions, but they were people whose opinions carried some weight. [31] The Complainant expresses unhappiness that her mother now has a mind-set that nobody can move her. That has no doubt caused difficulties in ensuring that DP is properly cared for, but the presumption in the Protection of Personal and Property Rights Act 1988 is that:9 every person is presumed, until the contrary is shown, to have the capacity to understand the nature of decisions about matters relating to his...

7. [2009] NZEmpC WC 17/09 Idea Services Ltd v Dickson [pdf, 84 KB]

   ...groups in houses within communities. As far as possible, these group homes provide a conventional community living environment. The closest analogy may be with a flatting situation but a significant feature is that each home and its residents are cared for by an on site employee of the service provider who is responsible for the care and protection of the occupants. Those occupants are known as “service users”. [6] These group homes are owned and/or operated by charitable bod...

8. Campbell & Anor v REAA CAC 20007 & Anor [2014] NZREADT 42 [pdf, 60 KB]

   ...Neither rule is absolute so as to trump the other as a matter of course; although there could be a factual situation where the seeming duty of disclosure under Rule 6.4 would be barred by the confidentiality requirement of Rule 9.21. [42] In a consumer protection regime, with the desirability of allowing consumers to make informed choices, there will be a heavy emphasis on the need for fair disclosure. Mr Hodge submits that where a matter is finely balanced as material to the purchasing...

9. Auckland Standards Committee v Korver [2011] NZLCDT 22 [pdf, 146 KB]

   ...practise. [4] The Tribunal heard the application on 2 September 2011. After considering the grounds in support of the application, the position adopted by Mr Korver, who consented to the application, and the public interest having regard to the protective purposes of the professional disciplinary regime, the Tribunal granted leave and allowed the application. [5] As a consequence, Mr Korver faced two charges that he had been negligent or incompetent to such a degree as to reflect...

10. QQ v NP LCRO 121/2012 (15 June 2015) [pdf, 78 KB]

    ...conduct under s 12(c) of the Lawyers and Conveyancers Act 2006 (the Act) against him for failing to respond to Mr NP’s enquiries in a timely manner, in contravention of rule 3.2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the rules). The Committee ordered Mr QQ to apologise to Mr NP, and to pay $950 towards the costs and expenses of the Committee’s enquiry. Background [2] Mr QQ acted on a legal aid assignment for Mr NP dated 2 August 201...