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1. [2021] NZEnvC 078 Robins Road Queenstown 2013 Limited v Queenstown Lakes District Council [pdf, 356 KB]

   ...be found entirely in s 285, which gives the court a general and unfettered discretion to make an award of costs. The Environment Court Practice Note 2014 also sets out guidelines in relation to costs. However, it does not create an inflexible law or practice.4 [12] The Environment Court has declined to set a scale of costs, but awards tend to fall within three bands, as follows: (a) standard costs which generally fall within 25-33% of costs actually incurred, or potentially le...

2. Shi v REAA (reserved decision) [2013] NZREADT 2 [pdf, 62 KB]

   ...incompatible with the standards expected of a salesperson under this consumer-focused Act and, more specifically, its licensing regime which requires successful applicants to be “fit and proper” people to hold a licence. 2 Relevant Law [4] The issue for us is whether the applicant satisfied the Registrar that she was a fit and proper person to hold a licence; Revill v Registrar of the Real Estate Agents Authority [2011] NZREADT 41 at [11]. [5] We have a different bo...

3. Wilson v Welch [pdf, 53 KB]

   ...that the repair costs of $30,892.50 for the remedial work done in 2005 was reasonable and necessary. [17] Mr Sidebottom identified the following causes for the water ingress and subsequent damage that had occurred: • Balustrade was a flawed design. • The decking membrane had been poorly finished to the outer edges of the rainwater head and this was compounded by little or no fall to the outflow pipe. • Problems with the flashing work undertaken by the roofer.

4. NJ v UF [2023] NZDT 238 (22 May 2023) [pdf, 247 KB]

   ...so, was NJ induced to purchase P because of that misrepresentation? (b) If so, what should NJ’s remedy be? Did UF and/or the Agent misrepresent P to NJ and, if so, was NJ induced to purchase P because of that misrepresentation? 5. The law of contract applies. The contract between NJ and UF regarding P was a private sale, despite it being arranged through the Agent. The rule of Caveat Emptor (‘let the buyer beware’) applies to the private sale of goods (and a horse is a �...

5. Newton v Ashmore - Te Huruhi 12B (2023) 257 Waikato Maniapoto MB 91 (257 WMN 91) [pdf, 305 KB]

   ...March 2022. The applicants also filed an application relating to the accessway that runs from Nick Johnstone Drive to the boundary of the block. In my 22 December 2021 decision, I determined that this accessway was held in a fiduciary https://anzlaw.thomsonreuters.com/Link/Document/FullText?refType=N7&docFamilyGuid=I370d4de00e0711ea8c50c7a8655a0ef5&pubNum=1100191&originationContext=document&transitionType=DocumentItem&docVersion=Law+in+Force&ppcid=d153b3a372214c3...

6. Cowan - Estate of Hami Wharepouri Te Awa Waetford (2017) 371 Aotea MB 157 (371 AOT 157) [pdf, 333 KB]

   ...2 Above n 1 at [14]. 371 Aotea MB 161 enable the parties to provide further responses to the proposals. The result of that process was that there was substantial but not unanimous agreement as to how to proceed. [4] After reviewing the law as it applied at the time of Hami Waetford’s death and the grant of administration, I concluded that his Māori land interests would be distributed in accordance with the provisions of the Administration Act. Section 78 of that Act provi...

7. Audit summary report [pdf, 609 KB]

   ...2017 1 High quality legal aid services Practice themes from 2015-16 audits Executive summary ....................................................................................................................... 1 Audits of legal aid lawyers ............................................................................................................ 2 2015-16 audit results ...........................................................................................................

8. [2022] NZREADT 5 - MacDonald v REAA (6 April 2022) [pdf, 221 KB]

   ...her offer in the hope the purchasers’ offer would be accepted. The Committee ordered that Mr MacDonald: 1. Be censured. 2. Undergo training or education within three months by completing unit standard 23135 (knowledge of contract and agency law). 3. Pay a fine of $1,000 within 21 days. APPEAL [20] On about 11 August 2020, Mr MacDonald appealed to the Tribunal against the decisions of the Committee. He set out his version of the events in an email to the Tribunal on 12 Augu...

9. NR v HT [2019] NZDT 1335 (6 November 2019) [pdf, 222 KB]

   ...enter into the purchase on the basis of an actionable misrepresentation? 5. Mr R contends that he was encouraged to buy the boat on the strength of misrepresentations. If this was so, he would be entitled to damages (s35 Contract and Commercial Law Act 2017 (CCLA)). 6. I find that he is unable to establish this aspect of the claim, for the following reasons: (a) On 16 March 2017, the Xs obtained a report on the boat from a boat builder, Mr T, for their own purposes. The boat wa...

10. IAA v Maerean [2013] NZIACDT 6 (07 February 2013) [pdf, 160 KB]

    ...Licensing Act 2007 BY Immigration Advisers Authority Authority AND Ionelia Maerean Adviser DECISION REPRESENTATION: Complainant: In person Adviser: Mr G Riach, Harman’s Lawyers, Christchurch Date Issued: 7 February 2013 2 DECISION Introduction [1] This matter is an “own motion complaint” presented by the Registrar pursuant to section 46 of the Act. It concerns a New Ze...