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1. LCRO 382/2013 SC v JT (30 June 2017) [pdf, 193 KB]

   ...conduct finding is necessary or appropriate in the circumstances. [100] Conduct rules must be interpreted and applied fairly and sensibly,20 and with proper and careful attention to the protective purpose of the disciplinary jurisdiction, its consumer protection objectives, and the need to ensure consistency in the application of those rules. [101] It is important, when considering the conduct, to give a proper consideration to the circumstances which preceded Mr SC’s request of...

2. Cabinet paper - Tyson Gregory Redman application for compensation for wrongful conviction and imprisonment: next steps [pdf, 4.4 MB]

   ...[CAB-17-MIN-0493, paragraphs 7 - 8]: 9 50.1. The total amount of compensation assessed by Dr Stevens for non­ pecuniary losses ($327,311.43) should be multiplied by the change in the relevant inflation index; 50.2. The relevant index was the Consumer Price Index (All Groups CPI / index SE9A), which reflects the change in purchasing power over any specified period; 50.3. The starting point for inflation adjustment should be July 2000, when the $100,000 benchmarks in the Additional...

3. LCRO 159/2014 AB and RJ v OC and BR [pdf, 209 KB]

   ...making an award of compensation to his clients. [66] Mr EL misunderstands the nature of these awards. [67] In ordering that Mr BR pay a fine of $5,000, the Committee was exercising the power available to it, to impose a fine on a practitioner, consequential on its making a finding of unsatisfactory conduct against the practitioner. In doing so, it was expressing its disapproval of the conduct. [68] In ordering that Mr BR make contribution to the cost of its inquiry, the Committ...

4. [2020] NZREADT 51 - [Appellant] v Real Estate Agents Authority (21 October 2020) [pdf, 309 KB]

   ...submitted that as a consequence of not being advised as to the end date of the renewed agency agreement, he and [his wife] were locked in with the Agency for longer than they wished to be. He submitted that the Tribunal should recognise that the consumer-protection procedures and processes set out in the Real Estate Agents Act 2008 (“the Act”) and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) were not followed. [36] He submitted...

5. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]

   ...exclusion of liability, its liability will be limited to direct physical loss suffered to the maximum of $100 per transaction. In no event will Q Ltd be liable for any loss of profit, savings, goodwill or business opportunity or for any indirect or consequential loss or for general or special damages. (c) The Vendor and the purchaser agree to indemnify Q Ltd on demand against all claims, costs (including full legal costs), losses, liabilities and demands that Q Ltd incurs directly or i...

6. LCRO 240/2017 O & B HN v JJ Lawyers (22 June 2018) [pdf, 237 KB]

   ...HNs, having inquired into Mr FT’s background (an apparent allusion to the website) were knowledgeable about the person with whom they were dealing [24] Mr WA’s original response was directed not only to the complaint, but to some questions consequentially posed by the Committee. Because that response is informative as to [JJL]’s dealings with Mr FT (or LV), to matters of office “geography” and to Mr FT’s on-site activities, I will refer to it in some detail. [25] In t...

7. [2012] NZEmpC 31 RHB Chartered Accountants Limited and Brown and Wilkins v Rawcliffe [pdf, 184 KB]

   ...associated with the trial and releases the judicial and court resources to deal with other matters. Negotiation and mediation often also partly resolves a dispute so as to enable the focus of the parties in litigation to be more confined, again with consequential savings of time and expense to the parties and the benefit of the public. And observed that: 39 33 The relevant Authority provision is s 158; the relevant...

8. [2018] NZEnvC 135 Bunnings Ltd v Queenstown Lakes District Council [pdf, 3.7 MB]

   ...restraints) . In Montessori Pre-School Charitable Trust v Waikato District Counci/'o, Baragwanath J also observed that section 1 A of the Commerce Act 1986 has as its purpose11 : ... to promote competition in markets for the long-term benefit of consumers within New Zealand. and continued12 that: It is reasonable to infer that section 104(3)(a) RMA has a similar purpose. [36] Yet section 1 04(3)(a) states that a consent authority must not have regard to trade competition wh...

9. JG v RS LCRO 245 / 2010 (15 March 2012) [pdf, 97 KB]

   ...[9] With his report, Mr JG enclosed a memorandum of the costs outstanding. Including his costs of $2,636.88, the total amount required was $5,297.91. [10] Mr JG sought instructions again. He pointed out to Mr L what could develop and the consequential increase in costs. He also recorded the basis on which he considered Ms RS was liable for costs on a solicitor/client basis, although he recognised that ultimately it would be the Court which would make that decision. [11] Mr...

10. Lee v Whangarei District Council & Ors [2013] NZWHT Auckland 5 [pdf, 154 KB]

    ...accordance with the approved drawings. Boundary joists used untreated timber and inadequately treated timber, whereas the consented plan indicated H3.2 timber. A handrail was wrongly built. Ms Lee claimed under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993, alleging that false misrepresentations had been made. Page | 10 [27] Ms Lee sought $242,605.92 for specified damages, $113,355.58 being a refund, $75,000 for stress, $54,000 for lost income, $250,000...