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1. LCRO 293-2014 KX v Area Standards committee X [pdf, 206 KB]

   ...information on which [GI] could rely in accepting the obligations of being appointed a trustee with personal liability as a trustee; (c) Failure to inform [GI] in breach of r 12.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), if she was not providing legal services to [GI], of the right to take independent legal advice. (d) Failure to provide competent advice and information to [JB] in November 2013 in response to her request to...

2. [2024] NZEmpC 28 Keighran v Kensington Tavern Ltd [pdf, 250 KB]

   ...letter of recommendation written by the Woods in respect of Mr Keighran dated 7 June 2020. a possible altercation. Mrs McLean-Woods also took advice from the Hospitality Association. Mrs McLean-Woods understood that there was a need to protect the safety of both Ms A and Mr Keighran and to manage the tensions within the workplace in an appropriate manner. [7] On 5 August Mrs McLean-Woods emailed Mr Keighran. She advised Mr Keighran that Ms A had now made a formal co...

3. [2024] NZREADT 43 - TL v CAC 2204 LS Ray White (5 November 2024) [pdf, 300 KB]

   ...return the signed form until the sale and purchase agreement became unconditional. This was too late. 6 Complaint No: C48426 (26 September 2023). 8 The Committee regarded the statutory process as a key element of the transaction to protect the vendor. The licensee’s lack of understanding of the process was serious. She was found to be guilty of unsatisfactory conduct. 2. Did the licensee provide incorrect information to the purchasers regarding the leak, and was...

4. Complaints Assessment Committee (CAC 403) v Licensee B [2017] NZREADT 1 [pdf, 267 KB]

   ...“seriously incompetent or seriously negligent real estate agency work”. Work of that nature would also involve a marked and serious departure from particular standards; the standards to which s 73(b) is directed are those relating to competence and care in conducting real estate work. His Honour went on to say that:4 … If the work was not real estate agency work, but the person doing the work was a licensee, the appropriate provision for a charge would be s 73(a). [13] T...

5. Tukapua v Taueki - Horowhenua Block 11 (2012) 278 Aotea MB 172 (278 AOT 172) [pdf, 163 KB]

   ...beneficiaries, trustees and indeed the Court itself have acted in the belief that the land is subject to a reserve or a Māori reservation. The website ―Mäori land on line‖ also makes reference to Horowhenua 11 as a Mäori reservation [11] Yet a careful search of the Court’s records has not disclosed any gazette notice to that effect. In the absence of such evidence it seems unlikely, based on the material currently before the Court, that a Māori reservation was ever create...

6. Denyer v CAC 403 and Kenny [2019] NZREADT 18 (6 May 2019} [pdf, 239 KB]

   ...other offers (although she considered it unusual in this case, given the sum the vendor was seeking for the property) but was concerned that the new owner may have been misled about the MTNZ report, and be living in a P house with no knowledge or protection. [17] Ms Denyer further stated that she believed that her offer to purchase the property was not presented to the vendor, because Ms Kenny knew that the MTNZ report was “fraudulent”. She went on to say, however, that...

7. LCRO 173/2021 KC v TG (6 May 2022) [pdf, 237 KB]

   ...provided that fees would be charged on the basis of time, strict adherence to this overlooks the fact that time spent is merely one of the reasonable fee factors set out in r 9.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). (d) Determining a fair and reasonable fee is qualitative as well as quantitative. (e) Mr KC’s decision to charge a fee based solely on time spent resulted in a fee that was neither fair nor reasonable. (f) I...

8. [2022] NZEnvC 265 Aratiatia Livestock Limited v Southland Regional Council [pdf, 3.8 MB]

   ...Limited K E Forward and J M Ottowa for the Dairy Interests P D Williams for Director-General of Conservation Tumuaki Ahurei B S Carruthers for Federated Farmers of New Zealand Inc and Wilkins Farming Company Ltd S R Gepp for Royal Forest and Bird Protection Society of New Zealand Inc and The Southland Fish and Game 2 Council J G A Winchester and S K Lennon for Ngā Rūnanga S W Christensen for Meridian Energy Limited M R G Christensen for Ravensdown Limited D A Allan for Ar...

9. [2018] NZEnvC 093 Tuwharetoa Maori Trust Board v Waikato Regional Council [pdf, 1.9 MB]

   ...those that safeguard taonga. They are usually people, but have also been known to be spiritual forces. It is not a role of ownership, but one of custodianship. Kaitiakitanga - is exemplified through the practices used by kaitiaki in safeguarding, protecting and caring for resources. Mana whenua - the priority given to people to make decisions about the use of resources over an area of land that they are responsible for. Matauranga Maori - traditional Maori knowledge - the body of knowl...

10. Dr Te Kipa Kepa Brian Morgan - Evidence in Chief [pdf, 2 MB]

    ...degree necessary to secure their well-being (Sinclair, 1992). Thus before natural resources are appropriated for community1s use, propitiatory rites to the appropriate deity must be observed. Their observance ensures that nature is treated with care and respect (Walker, 1978). The references given demonstrate the inseparability of traditional ecological knowledge from spiritual considerations, however also suggest the existence of a framework within which holistic decision making ca...