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1. Hartley v Balemi [pdf, 401 KB]

   ...5.7.10 Therefore, I find that the general cracking has been as a result of the timber framing swelling, caused by moisture penetration from other leaks. Some of these cracks must be admitting more water, which has led to more timber movements. The consequential damage of the general cracking is to create the need to completely re-clad this dwelling. The costs of this remedial work should be allocated to the causes of the primary leaks. 5.8 Eyebrows above Windows 5.8.1 Proje...

2. MacGregor v Craig (Second Interim Non-Publication Order) [2015] NZHRRT 40 [pdf, 324 KB]

   ...Act had lent the process a quasi-judicial character and the requirement of observing the principles of natural justice had resulted in an elaborate and protracted system of provisional and final opinions. The length of the process and the resources consumed led the Re- Evaluation team to recommend a conciliation process to be carried out principally by staff rather than by Commissioners. Where this was unsuccessful, the complaint was to be referred to the (then) Proceedings Commissioner to...

3. Herman, Wang, Howatt, Li, Thornhill, Gilchrist, Barnao, Watson v CAC10100 & Jackman [2012] NZREADT 60 [pdf, 105 KB]

   ...a customer or client will nevertheless usually be guilty of unsatisfactory conduct under the Act subject to the “mere conduit” principles discussed below. This is consistent with the purpose of the Act to promote and protect the interests of consumers in respect of transactions which relate to real estate and to promote public confidence in the performance of real estate agency work. It is also consistent with applicable principles under the Fair Trading Act 1986. Fair Trading Ac...

4. Clarken v Carling [pdf, 138 KB]

   ...the butyl rubber gutter linings or that the butyl rubber upstands are inadequate at any point in the gutter construction and it would seem to me that if water was penetrating the dwelling because it overflowed the gutter, evidence of same and consequential damage would be reasonably apparent along the entire length of the parapets; it is not, and that much was obvious from Mr Probett’s photos (PIC 002,003,004) and from the site visit. I am satisfied that the evidence discloses t...

5. Schiller-Cooper v Lozano [2013] NZIACDT 1 (08 January 2013) [pdf, 233 KB]

   ...competence, application of skill, honesty, disclosure and propriety are shared by a wide range of professionals. Immigration advisers have much in common with other professionals. Section 3 of the Act affirms it is intended to protect the interests of consumers receiving immigration advice, which corresponds to the 10 duties other professionals have to the public engaging their services. The issue is properly understood under the Act as whether there has been a breach of d...

6. TR v NI LCRO 109 / 2011 (21 February 2013) [pdf, 199 KB]

   ...claim was well-founded and could be supported. [76] Following receipt of the plaintiff’s briefs of evidence, CCL responded with observations as to what they considered were weaknesses in TR and TS’s claim. These included: The claim for consequential loss was speculative and no valuation evidence had been adduced. The details of the proposed amendment to the Statement of Claim would not assist the plaintiffs and any additional costs incurred by them by reason of changes to...

7. LCRO 28/2017 HK v TX (31 May 2019) [pdf, 205 KB]

   ...itself constitute a sufficient and adequate penalty, without need for more. [156] I am satisfied that Mr TX’s conduct was unsatisfactory in terms of ss 12(b) and 12(c) of the Act. [157] Section 156 of the Act provides for a power to make orders consequential on an unsatisfactory conduct finding, some of which are punitive, others remedial, restorative or financial, following a determination under s 152(2)(b) that there has been unsatisfactory conduct on the part of a practitione...

8. Teina Pora compensation claim quantum report [pdf, 9 MB]

   ...Guidelines at para 5. 5 Pecuniary losses (a) loss of livelihood, including loss of earnings, with adjustments for income tax and for benefits received wh ile incarcerated; (b) loss of future earning abilities; (c) loss of property or other consequential financial losses resulting from detention or imprisonment; and (d) costs incurred by or on behalf of the person in obtaining a pardon or acquittal." 9. The Additional Guidelines then stipulate: 1. The calculation of...

9. [2024] NZEmpC 213 Cronin-Lampe v Minister of Education Interlocutory (No 5) [pdf, 336 KB]

   ...period to which the claims related and because Mr and Mrs Cronin-Lampe did not seek treatment when they were diagnosed. Further, the superannuation, loss of capital on the investment property sold to Mr and Mrs Cronin-Lampe’s daughter and the consequential loss of rental income were said to relate to decisions made subsequent to the date the contracts were entered into and subsequent to when the specific duties owed by MHS first arose and when those duties were first breached. [2...

10. OIA-115102.pdf [pdf, 3.6 MB]

    ...Amendments to the Act are required to give effect to this transfer, to provide clarity in roles and responsibilities in legislation, and ensure the Minister of Justice and Secretary of Justice are responsible for policy functions. 2. The amendments are consequential to those decisions already taken and are administrative in nature. For these reasons, this RIS does not analyse these. Snapshot of shooting clubs and ranges in New Zealand 3. Shooting clubs and ranges are intended to offer...