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1. [2012] NZEmpC 86 Lend Lease Infrastructure Services (NZ) Ltd v Recreational Services Ltd [pdf, 147 KB]

   ...Cleaning Unit. [30] Employees are liable to disciplinary action, and the plaintiff may suffer adverse contractual consequences, if the Specifications are not met. Statutory scheme [31] Part 6A of the Act provides a framework of employment protection for employees where their employer proposes to restructure its business and the same or similar work is undertaken by a new employer. The provisions of Part 6A divide employees into two categories: specified employees as listed in...

2. [2023] NZREADT 10 – Complaints Assessment Committee 2103 v Sharma (8 May 2023) [pdf, 218 KB]

   ...thinks fit. [8] There are additional requirements in s 110 regarding compensation orders. [9] In determining the appropriate penalty, it is relevant to note the purpose of the Act: 3 Purpose of Act (1) The purpose of this Act is to promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work. (2) The Act achieves its purpose by— (a) regulating agents, branch...

3. [2020] NZREADT 29 – Molloy v Real Estate Agents Authority (9 July 2020) [pdf, 208 KB]

   ...Mr Pallatt into signing the unconditional offer for the property; [b] failed to give Mr Pallatt the opportunity to take independent legal advice before signing the unconditional offer; [c] failed to insert clauses into the unconditional offer to protect Mr Pallatt’s interests; and [d] failed to follow the Agency’s policies and procedures in relation to the transaction. [14] On 15 March 2019, the Committee decided to inquire into the complaint. Pursuant to s 78(b) of th...

4. TG v NP LCRO 190 / 2011 (1 February 2013) [pdf, 139 KB]

   ...NP appropriately invoiced CCC for fees owing and CCC paid her the $99.42 remaining in the trust account. The Committee considered that CCC was obliged to make this payment, both under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and in accordance with TG’s instruction that it be used to pay such fees. It concluded that there was no evidence of wrongdoing on the part of NP or CCC. Failure to provide obligatory information This complaint refers t...

5. Keven Investments Limited v Arthur [2011] NZWHT Auckland 45 [pdf, 135 KB]

   ................................. 15 Clearance between base of cladding and balcony surfaces ..................... 16 Conclusion ................................................................................................ 18 DOES MR SIMPSON OWE KEVEN A DUTY OF CARE ............................. 18 INTRODUCTION [1] In June 2007 Keven Investments Limited (Keven) bought a property at 38 Wakelin Road, Beachlands from Philip and Roberta Montgomery and Brian Bramwell....

6. Hay v Dodds [pdf, 235 KB]

   ...at the roof parapets. In his view the vertical end faces of all parapets abutting roofs needed to be flashed with galvanised steel folded flashings, and the cut ends of the roofing needed to be folded to discharge water, with over-flashings to protect the adjacent surfaces. 5.4.2 The WHRS Assessor visited the property after the remedial work had been completed. He reviewed the photographs that had been taken by the Owners and all the relevant documentations. In his view ther...

7. [2021] NZEnvC 039 CEP Services Matauwhi Limited v Northland Regional Council [pdf, 2.3 MB]

   ...AND BETWEEN AND Decision No. [2021] NZEnvC 039 of the Resource Management Act 1991 Topic 11 Biodiversity Appeal issues under Clause 14 of the Schedule 1 of the Act CEP SERVICES MATAUWHI LTD (ENV-2019-AKL-111) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-127) MANGAWHAIHARBOUR RESTORATION SOCIETY INCORPORATED (ENV-2019-AKL-110) Appellants NORTHLAND REGIONAL COUNCIL Respondent Judge J A Smith Commissioner K Prime Commissio...

8. LCRO 161/2020 SE v GR (31 March 2021) [pdf, 305 KB]

   ...response to Ms SE’s complaint in my later analysis.10 Standards Committee decision [23] The Committee delivered its decision on 20 July 2020 and determined that Mr GR contravened r 7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) which constituted unsatisfactory conduct under s 8 Mr HM is a Licensed Private Investigator. Ms SE’s submissions (9 March 2020). 9 Mr HM, email to LCS (11 March 2020) claiming the deposit ($43,000); legal...

9. Ngati Pahauwera Report of Independent Assessor December 2015 [pdf, 1.4 MB]

   ...Part III: Statutory provisions relevant to Ngati Pahauwera’s application (a) Customary marine title, s 58 application ................................. 7 (b) Section 78 wahi tapu claim .........................................................8 (c) Protected customary rights under s 51 .....................................9 Part IV : The evidence and an agreed approach .........................................................10 Part V : Customary marine title claim under s 58 Holds the speci...

10. Evaluation of Family Safety Teams pilot: stage 1 [pdf, 3 MB]

    ...perceptions of safety, including the timely provision of appropriate services, such as information regarding legal representation, access to personal alarms, provision of knowledge and skills, checks on well-being and safety, availability of child care and culturally appropriate supports. • Victims also noted the importance of the availability of support from family and friends to one’s sense of safety and personal well-being. In contrast, perceptions of safety were undermined by pe...