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1. The Real Estate Agents Authority (CAC 413) v Taylor [2018] NZREADT 24 [pdf, 208 KB]

   ...the licensee, Mr P Chambers, submitted Ms Taylor’s conduct did not breach any explicit obligation which was incumbent upon her because of the provisions of the Act or which arose from the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. That being so, it could not be contended that the conduct of the licensee amounted to disgraceful conduct or serious negligence. Principles [26] In the decision of READ v Phillips3 the Tribunal considered the question...

2. [2017] NZEnvC 179 Auckland International Airport Limited v Auckland Council [pdf, 6.1 MB]

   ...proposed plan as having heritage value; or (ii) affects any historic place, historic area, wahi tCipuna, wahi tapu, or wahi tapu area entered on the New Zealand Heritage LisURarangi K5rero under the Heritage New Zealand Pouhere Taonga Act 2014: (h) a protected customary rights group that, in the opinion of the consent authority, may be adversely affected by the grant of a resource consent or the review of consent conditions: (ha) a customary marine title group that, in the opinion of...

3. Fear v The Real Estate Agents Authority (CAC 411) NZREADT 17 [pdf, 259 KB]

   ...found that Mr Fear had engaged in unsatisfactory conduct, in that he had disclosed confidential information about Mr and Mrs Sutton to the purchaser of the property, in breach of r 6.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), and had put the Suttons under undue and unfair pressure to accept the purchaser’s offer for the property, in breach of rr 6.3 and 9.2. The Committee did not uphold the Suttons’ complaint as to collu...

4. Watson v Day - Torere Section 64 (2024) 310 Waiariki MB 227 (310 WAR 227) [pdf, 286 KB]

   ...where the Court stated:7 It is inappropriate to strike out a claim summarily unless the court can be certain that it cannot succeed. The case must be “so certainly or clearly bad” that it should be precluded from going forward. Particular care is required in areas where the law is confused or developing. [19] The fundamental question for the Court to determine is whether the causes of action set out in Mr Watson’s application for removal are so clearly untenable that they c...

5. LCRO 215/2020 YY v RN (27 September 2021) [pdf, 207 KB]

   ...further action on the complaint. [24] In reaching that decision the Committee concluded that:1 (a) in giving consideration to Mr RN’s age and poor state of health, and the fact that he no longer holds a practising certificate, the consumer protection purpose of the Act would not be served by taking the matter any further; and (b) having considered the length of time that had elapsed between the date when the subject matter of the complaint arose and the date when the complaint...

6. COVID-19 Response (Further Management Measures) Legislation Bill - Crown Law Vet [pdf, 219 KB]

   ...their physical presence in court. In this, and in other respects, appearances by AL may give rise to greater impact on the rights of parties than AVL. As a consequence the decision as to whether to allow AL rather than AVL must be considered with great care. 22. These new provisions provide the court with the power to determine that participants may appear by AL during the period in which the COVID-19 Notice is in force where AVL would otherwise be available. However, the discretion provided i...

7. O v CAC 10028 & T [2011] NZREADT 15 [pdf, 184 KB]

   ...advertise their property after the agency agreement ended The CAC accepts that Mr O removed the advertising when requested by the Ts but in future should be aware of his advertising and marketing obligations under the Professional Conduct and Client Care Rules 2009. Was misleading in the use of statistics in his own advertising In the CAC’s view there is no evidence to support this part of the complaint. Is unethical and unprofessional in this he tried to bring the name of...

8. [2019] NZEnvC 044 Director-General of Conservation v Thames-Coromandel District Council [pdf, 3.3 MB]

   ...harvesting; Development such as building platforms, topSOil stripping , access ways, roads and telecommunication infrastructure; Earthworks for stock races or farm tracks. fencIng or tandscaplng. MaIntenance andlor Repair means the regular and on-going protective care of an arChaeological sile or area, or a Site of Significance to Maori 10 prevent deterioration. It also means the resloration of a historic heritage Item (inC luding pert of the heritage item) or 0 building in a historic heri...

9. Waitangi Tribunal Vol 2 Kāhui Maunga Report [pdf, 12 MB]

   ...circumstances in which the Crown secured title to the mountains give rise to a constructive trust ? . . . . . . . . . . . . . . . . . . . . . .506 7 .6 .5 Did the Crown’s response to Māori opposition fulfil its duty of active protection ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506 7 .6 .6 What obligations was the Crown required to fulfil upon...

10. LCRO 203/2017 HI v JK (6 August 2020) [pdf, 314 KB]

    ...[1] Mr HI has applied for a review of a decision by the [City] Standards Committee [X] to take no further action in respect of his complaint concerning the conduct of the respondent, Mr JK. Background [2] Mr HI was charged with two counts of careless driving causing injury. [3] On his first appearance in Court, he made an application for legal aid. At his second appearance, he was advised that his application for legal aid had been declined. 2 [4] He says that he subsequently...