Search Results

1. National Standards Committee 1 v Name Suppressed [2021] NZLCDT 5 [pdf, 150 KB]

   ...exercise its discretion to admit otherwise inadmissible evidence in all cases.16 The statutory scheme and purpose, together with all relevant circumstances presented by the proceeding and the evidence sought to be admitted should be evaluated with care;17 (c) The rules of natural justice provide a “hard limit” on the discretion of the Tribunal because of the unqualified obligation to observe those rules set out in s 236 of the Act to which s 239(1) is subject.18 [22] In W,...

2. HR v OW & CT LCRO 79/2014 (8 September 2015) [pdf, 299 KB]

   ...regarded by lawyers of good standing as unacceptable. That conduct fell within the definition of unsatisfactory conduct set out in s 12(b) of the Act. [4] Ms OW and Mr CT’s conduct was found to have contravened two of the Conduct and Client Care Rules. Rule 10 by not promoting and maintaining proper 2 standards of professionalism in their dealings with Mr HR; and rule 12 by not conducting their professional dealings with Mr HR with integrity, respect and courtesy. Those co...

3. Dixon v CAC 20004 & Anor [2014] NZREADT 98 [pdf, 42 KB]

   ...case we consider the advertisement was in the nature of puffery rather than a 5 representation about the state of the property. The evidence did not show Ms Dixon was misled by the advertisement nor did she claim to be. Further she was protected by the agreement being conditional upon a builder’s inspection clause. However had Ms Dixon been misled then this may have been a breach of R 6.4. The Piles [20] In Wright v CAC and Woods [2011] NZREADT 21 the Tribunal...

4. Recording Industry Association of New Zealand v Teleom NZ 2592 [2013] NZCOP 1 [pdf, 75 KB]

   ...application or network that enables the simultaneous sharing of material between multiple users.2 Such networks are not illegal in themselves, although much of the content on file sharing networks is music, film, television, books or software that is protected by the Copyright Act 1994. In this case, the Applicant alleged that copyright in the works was infringed by way of the account holder uploading the works, i.e. communicating the works to the public in contravention of s.16(1)...

5. Legal Complaints Review Officer v Hong [2015] NZLCDT 37 [pdf, 48 KB]

   ...it certainly can be taken into account in the overall assessment of the practitioner’s fitness and in assessing the likelihood of reoffending. [19] The other possible aggravating feature is the practitioner’s disciplinary history. We take careful account of the comments of His Honour Gilbert J8 [20] We have placed little weight on Mr Hong’s previous offending particularly given that there is no previous offending of a similar nature to that under consideration. in relation...

6. Henric Eden v Complaints Assessment Committee 413, Dean Abraham & Angela Sanson [2017] NZREADT 53 [pdf, 159 KB]

   ...CAC considered the complaint and decided to inquire into it under s 79(2)(e) of the Real Estate Agents Act 2008 (the Act). The CAC acknowledged that the complaint engaged Rule 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). Rule 6.4 provides that a licensee must not mislead a customer or client, nor provide false information, nor withhold information that should by law or in fairness be provided to a customer or a client. Rule 10.7...

7. Koia – Estate of Hoani Tau Takahi (2015) 133 Waiariki MB 273 (133 WAR 273) [pdf, 194 KB]

   ...of critical elements including (but not limited to) the adoption in accordance with tikanga at an early age; the acceptance of the whāngai child by the parents, siblings and natural children of the whāngai parent where applicable; the orthodox care and protection responsibilities of the parent to the whāngai over a number of years; and ideally some form of blood relationship. It is also understood that while not all hapū adhere to identical customs, there are some invariable aspe...

8. Fenwick - Whakapoungakau 24 Block (2013) 82 Waiariki MB 202 (82 WAR 202) [pdf, 137 KB]

   ...sufficiency for opportunity for discussion and support requirements must also be satisfied. [75] As the Appellate Court noted in Pukeroa Oruawhata the ability of this Court to vary trust orders of its own motion was removed by Parliament. Careful adherence to s 244 remains essential on any future applications for variation. 2 Naera v Fenwick – Whakapoungakau 24 (2010) 15 Waiariki MB 279 (15 WAR 279). 82 Waiariki MB 206...

9. [2015] NZEmpC 114 TGP v TFE and SDI and TDI [pdf, 154 KB]

   ...application in this case, while needing consideration, is not necessarily conclusive. 8 The Court is still required to consider the wider public interest issues. For this reason judgment was reserved; the plaintiff’s position in the meantime protected by the extension of the interim order initially made by Chief Judge Colgan in his interlocutory judgment. The Authority’s determinations [9] Before considering the facts specifically relating to the plaintiff in this case th...

10. LCRO 113/2020 SM v YL (7 May 2021) [pdf, 141 KB]

    ...pending lodgement of an updated flats plan with LINZ. [11] The Committee made the following findings against Mr YL: (a) He failed to act competently and in a timely manner consistent with the terms of his retainer and the duty to take reasonable care. (b) He failed to follow Mr SM’s instructions. (c) He failed to protect and promote Mr SM’s interests. 1 Although Mr YL’ clients were the two trustees of the T Trust, Mr SM was authorised to deal directly with Mr YL and instruc...