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1. The Real Estate Agents Authority (CAC 413) v Taylor [2018] NZREADT 59 [pdf, 167 KB]

   ...commission as it was described, of $10,000. She received these payments without any need to carry out the general obligations incumbent upon a real estate agent. She did not need to market the properties for sale. She had only to draw up the form of agreement between the parties and arrange for its execution. [4] The basis upon which the case was presented to the Tribunal was that the transactions that the Licensee was involved in had all the hallmarks of, and in substance were,...

2. VAN DER PASCH Willem Lambertus (CSU 2011 HAM 000424) [pdf, 215 KB]

   ...to negotiate. [55] On the day the weather conditions were dry and there was nothing in the environment that would have contributed to Mr Van Der Pasch’s death. [56] On one side of the race there is a fence line. Mr Neal in his evidence claimed there were two loose and out of positioned poles. He was suggesting that it is most likely the quad bike has veered off to the left which is confirmed by the tracks surveyed by the Serious Crash Unit. The bike has most likely hit two...

3. S v Xue [2015] NZIACDT 58 (15 May 2015) [pdf, 188 KB]

   ...practitioner is an important factor when appropriate (B v B HC Auckland HC4/92, 6 April 1993). In Patel v The Dentists Disciplinary Tribunal HC AK AP 77/02 8 October 2002 at [30]-[31], the Court stressed, when imposing sanctions in the disciplinary process applicable to that case, that it was necessary to consider the “alternatives available short of removal and explain why lesser options have not been adopted in the circumstances of the case”. [24] In the present case, Ms Xue has ta...

4. Community Law Centre client survey – report on findings [pdf, 926 KB]

   ...‹#› Expectations of service Most clients want a CLC to provide information or basic support ▪ Most clients said they were looking for ‘information only’ (46% of clients) or ‘information and basic support – such as help filling in forms or suggestions about contacting other people involved’ (23% of clients). Clients with welfare benefit, ACC grant, or student loan problems seek greater intervention from the CLC ▪ Other clients are looking for more intervention...

5. LCRO 109/2015 RKX v SDC [pdf, 386 KB]

   LCRO 109/2015 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee BETWEEN RKX Applicant AND SDC Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr SDC made a complaint concerning the conduct of Mr RKX in respect of which the [Area] Standards Com...

6. [2010] NZEmpC 2 National Distribution Union Inc v Capital and Coast District Health Board [pdf, 37 KB]

   ...it will be unnecessary to alter the wording of a new collective agreement settled subsequently. [6] This 2007 settlement agreement was expressed in the following words: 3) Annual Leave: Clause 10.2.2 It is agreed that to resolve the employer claim to remove the existing section 10.2.2. (“additional week” of annual leave – to avoid any possibility from the employer point of view that it might be seen to provide a total of 5 rather than 4 weeks leave) the section will remain in t...

7. CAC20003 v Cooper [2013] NZREADT 11 [pdf, 59 KB]

   ...[11] In CAC v Ross [2012] NZREADT 4 a client mistakenly paid deposit funds of $6,164 into the defendant salesperson’s personal bank account. The defendant retained part of these funds, transferring only $3,780.67 to the trust account of his former employing agent. The defendant retained the funds on the grounds that he was owed commission in respect of the relevant transaction. We held (at [24]: “The penalty imposed by us must have a deterrent element in order to emphasise, both

8. [2018] NZSSAA 49 (4 October 2018) [pdf, 234 KB]

   ...the appellant has not challenged the Ministry’s ability to recover this overpayment if his appeal fails. Relevant legislation [4] Section 70 of Social Security Act 1964 (the Act) provides that where an overseas pension is a payment which forms part of a programme providing pensions for any one of the contingencies for which pensions may be paid under NZS, and is administered by or on behalf of the Government of the overseas country from which the benefit is received, the overs...

9. [2007] NZEmpC WC 13/07 NZ Fire Service Commission v NZ Professional Firefighters Union [pdf, 85 KB]

   ...Appearances: G C Davenport, Counsel for the Plaintiff Peter Cranney, Counsel and Camilla Belich, Advocate for the Defendant Judgment: 31 May 2007 JUDGMENT OF THE FULL COURT [1] The parties have made what is effectively a joint application for declarations about the way the New Zealand Fire Service (the Fire Service) pays most of its employees for working on public holidays. [2] The employees directly affected by these proceedings are those covered by the collectiv...

10. CAC 2106 v Hu [2024] NZREADT 36 (23 September 2024) [pdf, 143 KB]

    ...(i) the unsatisfactory conduct is more than a minor or technical contravention of this Act or of any regulations or rules made under this Act; and (ii) the order is one that a court of competent jurisdiction could make in relation to a similar claim in accordance with principles of law 4 .… [10] The Committee may make the following orders: 93 Power of Committee to make orders (1) If a Committee makes a determination under section 89(2)(b), the Committee may do 1 or more...