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1. Henaghan & Henderson v CAC 20002 & McDonald [2014] NZREADT 55 [pdf, 74 KB]

   ...duty to their client. 4.13 The Committee has concluded that both Licensees have breached Rule 9.1 A licensee must act in the best interests of a client and act in accordance with the client’s instructions unless to do so would be contrary to law.” [16] We have had the benefit of hearing viva voce evidence with cross-examination. A Summary of Relevant Evidence Adduced to us 5 [17] The evidence before us was rather detailed and much of it only semi-relevant. Also from s...

2. Donkin v CAC 10057 & Morton-Jones [2012] NZREADT 44 [pdf, 31 KB]

   ...shown on the title. The Tribunal held that the licensee should be familiar with and able to explain clearly and simply the effect that covenants and restrictions which might affect the rights of the purchaser (on the title). [7] Subsequently the Law Society has made submissions to the Real Estate Agents Authority regarding a review of its rules and has commented (inter alia) that this decision could create obligations on real estate agents which meant that they were duplicating work w...

3. [2015] NZEmpC 53 O’Hagan v Waitomo Adventures Ltd [pdf, 129 KB]

   ...Inland Revenue [2014] NZCA 348 at [17]. were never made out. Nor were they of direct relevance to the ultimate issue that arose for determination – namely whether Mr O’Hagan had been constructively dismissed as a matter of employment law, as he claimed. Further, no new material was identified by the plaintiff that might otherwise have supported the application to set aside. [10] During the course of argument, Mr O’Hagan made it plain that he had filed the appl...

4. Wetini v Hunia - Matatā Parish 39A4 (2011) 38 Waiariki MB 244 (38 WAR 244) [pdf, 77 KB]

   ...engagement of Mr McKechnie and his instructing solicitors, McKechnie Quirke and Lewis, of Rotorua as soon as possible. The issue of counsel had been discussed with the trustees through the case manager and their first request was Mr Armstrong of Aurere Law but he had to decline due to a conflict of interest. 38 Waiariki MB 247 Trustee relationships [13] Then there is the issue of the relationships between the current trustees and, as the transcript will demonstrate, the brea...

5. LCRO 137/2016 HA v TY Costs Decision [pdf, 97 KB]

   LCRO 137/2016 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of [City] Standards Committee [X] BETWEEN Ms HA Applicant AND Ms TY Respondent COSTS DECISION The names and identifying details of the parties in this decision have been changed Introduction [1] In the decision dated 25 January 2018 (the findings decision), the determination by [C

6. MacGregor v ACC (Late filing of an appeal to the District Court) [2024] NZACC 73 [pdf, 158 KB]

   ...died in mid-2023, without filing the appeal. [4] On 10 April 2024, Ms Arnold for the Corporation submitted that it did not oppose leave being granted for late filing of this appeal, in view of the circumstances outlined by Mr Crabb. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be received...

7. Tane v ACC (Late filing of an appeal to the District Court) [2024] NZACC 72 [pdf, 158 KB]

   ...died in mid-2023, without filing the appeal. [4] On 12 April 2024, Mr Castle for the Corporation submitted that it did not oppose leave being granted for late filing of this appeal, in view of the circumstances outlined by Mr Crabb. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be received...

8. Aupouri - Waitekaha A4 (2017) 68 Tairawhiti MB 94 (68 TRW 94) [pdf, 225 KB]

   ...does not trust all the others named as trustees. [8] In reply Mr Ned Ihaka for the other parties present stated that the position Mrs Smith was taking, was contrary to what she said at the meeting of owners and that they wished to proceed. The Law Ahu whenua trusts s 215 (1) The court may, in accordance with this section, constitute an ahu whenua trust in respect of any Māori land or General land owned by Māori. (2) An ahu whenua trust may be constituted where the court is...

9. Tautari - Mohinui 3B2B (2011) 27 Taitokerau MB 136 (27 TTK 136) [pdf, 89 KB]

   ...plan. Sophie Mahanga’s site [14] Sophie Mahanga sought a 3000m² site running east of the internal fence line back to the vehicle track. Bella and Wiremu Mahanga objected as they say that Pat Mahanga’s whanau (Bella Mahanga’s father-in-law) should have the front area of the middle strip (east of the fence line), they have cleared and maintained that area for some years (including meeting the cost of the driveway) and Sophie Mahanga could have a site either north-east of the...

10. S v Hakaoro [2015] NZIACDT 56 (14 May 2015) [pdf, 172 KB]

    ...INFORMATION IDENTIFYING THE COMPLAINANT IS NOT TO BE PUBLISHED DECISION REPRESENTATION: Registrar: Ms K England, Ministry of Business Innovation and Employment, Auckland. Complainant: Mr N T Tupou, barrister, instructed by Sinisa Law Ltd, solicitors, Auckland. Adviser: In person Date Issued: 14 May 2015 2 DECISION This Complaint [1] This decision imposes sanctions, following a decision upholding a complaint against Mr Hakaoro (S v Haka...