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1. A Nair v Devi [2014] NZIACDT 32 (19 March 2014 ) [pdf, 147 KB]

   ...copy of the adviser’s complaints procedure (Clauses 1.4 and 9). [17] This engagement required explaining to the complainant what the options were, the risks, and the processes involved before taking instructions. Only then, could the adviser have lawful informed instructions and meet the obligation to act with professionalism (Clause 1.1). Furthermore, the adviser was required to confirm in writing the details of material discussions with clients (Clause 3(f)). [18] Preparing material...

2. Henric Eden v Complaints Assessment Committee 413, Dean Abraham & Angela Sanson [2017] NZREADT 53 [pdf, 159 KB]

   ...Rule 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). Rule 6.4 provides that a licensee must not mislead a customer or client, nor provide false information, nor withhold information that should by law or in fairness be provided to a customer or a client. Rule 10.7, which requires licensees to disclose known defects to customers, was also relevant. [9] On 16 February 2017, the CAC decided to take no further action against the agen...

3. BB v HD [2013] NZIACDT 9 (28 February 2013) [pdf, 118 KB]

   ...requires: [36.1] A licensed immigration adviser is to act with due care, diligence, respect and professionalism. In doing so, they must ensure that the terms of professional engagements are fair and appropriate. [36.2] They are required to act on lawful informed instructions. [36.3] That a client engagement is to be established with an agreement that is in writing and accepted in writing, and the client must be made aware of all significant matters relating to the agreement; and a co...

4. [2016] NZSSAA 50 (31 May 2016) [pdf, 44 KB]

   ...be limited.1 [8] The considerations to be taken into account in exercising the discretion include the context of the Social Security Act 1964, the Chief Executive’s obligations under the Public Finance Act 1989 to make only payments authorised by law, and under the State Sector Act 1988 for the economic and efficient running of the Ministry. The circumstances of the appellant; including her financial circumstances and the impact of recovery on her and her children, taking into account...

5. Te Tumu Paeroa - Te Aroha Blk 3 Sec 1B and Sections 2 and 3 Block III Aroha SD (2016) 119 Waikato Maniapoto MB 95 (119 WMN 95) [pdf, 197 KB]

   ...infrastructure on the blocks is dated and requires upgrading to comply with environmental requirements. The new cowshed and infrastructure will also generate improved rental returns and be a more attractive property for a sharemilker. Relevant Law [11] The Court has jurisdiction to make aggregation orders pursuant to s 308 of Te Ture Whenua Māori Act (“TTWMA”). Subsection 1 of s 308 states that the Court “may” make an aggregation order where it is satisfied that two or...

6. French v Accident Compensation Corporation (Causation and Entitlement to Surgery) [2023] NZACC 212 [pdf, 243 KB]

   ...surgery was caused or contributed to his accident in 1974. [60] Accordingly, his appeal is allowed and ACC’s decision of 20 January 2023 is reversed. [61] Costs are reserved. CJ McGuire District Court Judge Solicitors: Medico Law Limited, Grey Lynn

7. Malcolm - Waione Y (2018) 195 Waiariki MB 111 (195 WAR 111) [pdf, 298 KB]

   ...Tarawhai. His work for the marae has been consistent and he has been dedicated to improving Ngāti Tarawhai. She advised that Andrew Malcolm moved on to the land as a caretaker for the marae. He has lived on the papakāinga for 30 years, mowing lawns, cutting scrub and attending to the upkeep and maintenance of the marae. Sadly in 2017 his house burned down. [12] Ms Malcolm submitted that the applicants have tried to work with the owners and trustees to progress the papakāinga...

8. O'Connor v Macdee McLennon Construction Limited [2012] NZWHT Auckland 14 [pdf, 170 KB]

   ...diminution in value. However, the claimants cannot claim both and proceeded on the claim for damages as set out above. [25] Mr Robertson for the claimant conceded that the accommodation for pets and medical costs were not recoverable as a matter of law or were too remote. [26] The heat pump appears in both the remediation costs and the supplementary list so is deleted from the supplementary list. [27] Mrs O’Connor gave evidence of the impact on her health and the e...

9. [2010] NZEmpC 150 Williams v Chesterton Group Ltd (In Liquidation) [pdf, 35 KB]

   ...is now in liquidation and the liquidator has both declined to agree to the continuation of the balance of the proceedings brought against the company in the Authority, and to appear on the defendant’s behalf. The only cause of action that the law permits the plaintiff to maintain against the defendant in these circumstances is a claim to a penalty payable to the Crown and a 1 AA400/09, 12 November 2009. claim for costs i...

10. TD v SS & UU [2023) NZDT 318 (20 July 2023) [pdf, 124 KB]

    ...[13] The question I must decide is whether UU is, as TD claims, liable for aiding, abetting, counselling or procuring E Ltd to engage in misleading and deceptive conduct that resulted in loss to TD. CI0301_CIV_DCDT_Order Page 3 of 5 The law [14] The FTA provides that persons in trade must not engage in misleading or deceptive conduct, and remedies are available to those who suffer loss from such conduct. In addition, under s 43(1)(b), a person whose conduct constitutes “aidi...