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1. TSO v Essina [2020] NZIACDT 2 (16 January 2020) [pdf, 117 KB]

   ...sought her explanation. [39] Ms Essina sent a text message to the complainant on 19 October 2017 (verbatim): Hello [the complainant’s name], how are you? I wonder, how much your complaint worth to you? I am about to pay a lawyer the money to protect me…but I would rather pay it to you, if you withdraw your complaint. Are you interested to talk about it? Explanation to Authority from Ms Essina [40] A barrister, Mr Y Lukas, wrote to the Authority on 13 November 2017. He r...

2. Vining Realty Group Limited v The Real Estate Agents Authority (CAC 408) [2017] NZREADT 57 [pdf, 209 KB]

   ...become aware that Mr Reed had bought his client vendors’ property until they complained to the Authority. [13] Mr Reed was found to have breached ss 134 and 135 of the Act, and r 9.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the 4 Sections 134 and 135 of the Act places restrictions on licensees’ acquisition of a client’s land and sets out a process that must be followed. Rules”)...

3. DG v YT Ltd [2014] NZDT 566 (19 May 2014) [pdf, 157 KB]

   ...that her passengers were not a contributing factor, but I am unable to make a finding that this was probably so. This is so for the following reasons: a. Restricted licences have always been subject to rules about passengers and supervisors to protect inexperienced drivers from the heightened risk of mistakes by those who breach them. Inexperienced drivers tend to be more easily distracted and teenagers are yet to develop full cognitive abilities that enable them to make appropria...

4. [2017] NZEnvC 197 Marine Farming Association Incorporated v Marlborough District Council [pdf, 3.4 MB]

   ...[10] The FA provides for a process whereby coastal permit applications for aquaculture activities are referred to the Chief Executive of the Ministry of Fisheries for what is termed an 'aquaculture decision' under a regime intended to protect against the described mischief of 'an undue adverse effect on fishing ' (s 186C FA). In tandem with this, s 114 RMA specifies some related obligations on regional councils to notify the Chief Executive of certain applications...

5. Penalty Davenport v REAA CAC 20005 & Anor [2014] NZREADT 38 [pdf, 50 KB]

   ...reimburse the complainant her costs due to the misadvice from the appellant about the age of the property. Relevant General Principles [25] Decisions of industry disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public (through both specific and general deterrence). While this may mean that orders made in disciplinary proceedings have a punitive effect, this is not their purpose, Z v CAC [2009] 1 NZLR 1 at [97]. As McGrath J said for...

6. LCRO 207/2015 CA v BE (21 August 2018) [pdf, 205 KB]

   ...if she was being subjected to extortion; (h) the allegations made were scandalous and Mr BE refused to agree to keep the allegations confidential; (i) Mr BE had breached r 12 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) (respect and courtesy); (j) Mr BE’s conduct had caused her unnecessary distress and embarrassment (a breach of r 2.3); and 3 (k) Mr BE had breached r 5.3 of the Rules (independence). [8] By way of remedy,...

7. Legal Submissions for Wellington International Airport Limited (dated 13 April 2018) [pdf, 114 KB]

   ...Court is aware, WIAL is seeking further consideration by the Director General of Civil Aviation (DG) as to an acceptable runway end safety area (RESA) specification at Wellington Airport as part of WIAL’s proposed runway extension. 3. After careful scrutiny of the Supreme Court decision and with the assistance from independent experts WIAL is close to finalising its view on what RESA specification is required by the Civil Aviation Rules. It will then seek an indication from th...

8. [2017] NZEnvC 059 Save Erskine College Trust v Erskine Developments Limited [pdf, 462 KB]

   ...Management Act 1991 193 Effect of Heritage Order Where a heritage order is included in a district plan then, regardless of the provisions of any plan or resource consent, no person may, without the prior written consent of the relevant heritage protection authority named in the plan in respect of the order, do anything including- (a) undertaking any use of land; and (b) subdividing any land; and (c) changing the character, intensity, or scale of the use of any land- [2016jNZEnvC 25...

9. S v J LCRO 5 / 2008 (13 February 2009) [pdf, 39 KB]

   ...existing decision of the court or is seeking a remedy inconsistent with that decision (i.e. a collateral attack). The section should be read in light of the scheme of the Act and its purposes which are stated in s 3 and include the purpose “to protect the consumers of legal services and conveyancing services”. The power to dismiss a complaint on the basis of s 138(1)(f) should be used sparingly. It should be reserved for those situations where not only is there an adequate remed...

10. Muller v Yerman [2015] NZIACDT 77 (25 June 2015) [pdf, 202 KB]

    ...professional services. The difficulty Ms Yerman faces is not that her fees were necessarily unjustified; but that the 2010 Code required her to enter written agreements and attend to disclosure of fees. These 7 are conventional consumer protection provisions that typically apply to licensed professionals. The bulk of the work Ms Yerman performed was not directed to the services for which she had an agreement; they were directed to work where: [28.1] She failed to document t...