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1. Stone v Real Estate Agents Authority (CAC 408) & Lim [2017] NZREADT 23 [pdf, 218 KB]

   ...against decisions made in the exercise of a discretion, the Supreme Court said in its judgment in Kacem v Bashir:1 In [an appeal against a decision made in the exercise of a discretion] the criteria for a successful appeal are …(1) error of law or principle; (2) taking account of irrelevant considerations; (3) failing to take account of relevant considerations; or (4) the decision is plainly wrong. [4] A decision that is “plainly wrong” is one that was not reasonably open t...

2. L v O [2015] NZIACDT 81 (14 August 2015) [pdf, 97 KB]

   ...Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN T L Complainant AND S O Adviser DECISION REPRESENTATION: Registrar: Ms S Blick, Lawyer, Ministry of Business, Immigration and Employment, Auckland. Complainant: In person Adviser: Mr S Laurent, lawyer, Laurent Law, Auckland. Date Issued: 14 August 2015 2 DECISION Introduction...

3. Herangi - Lot 12 DP 8805 (2023) 259 Waikato Maniapoto MB 126 (259 WMN 126) [pdf, 263 KB]

   ...(a) Is Gibson Road general land owned by Māori and therefore if the Court has jurisdiction to hear the application; (b) Have the requirements to constitute a whenua tōpū trust been met; and (c) The appointment of trustees. Te Ture The Law [19] Pursuant to s 2 of the Act I must consider whether Gibson Road is general land owned by Māori, the Act provides that: General land owned by Maori means General land that is owned for a beneficial estate in fee simple by a Maori or...

4. Goher v Hammadieh [2016] NZIACDT 1 (14 January 2016) [pdf, 184 KB]

   ...with the Privacy Commissioner, but provided no information regarding the nature of his complaint. It is not evident what material complaint he could have made. [9.2] He said he had not received “the rights of natural justice”, and was engaging a lawyer to represent him to appeal the Tribunal’s decision. In addition he claimed that: [9.2.1] He had not been negligent, and provided some information from his file. [9.2.2] He had not increased fees beyond his agreement. [9.2.3] He h...

5. Vailea v Hakaoro [2016] NZIACDT 8 (02 February 2016) [pdf, 127 KB]

   ...The Registrar has provided evidence, and Mr Hakaoro has not sought to dispute it before this Tribunal, that: [2.1.1] Mr Hakaoro negligently failed to take steps to advise and assist his clients until many months after they were in New Zealand unlawfully; [2.1.2] He did not set out his fees in writing with particulars of amounts, terms and conditions; [2.1.3] He did not have a written agreement; [2.1.4] He stopped providing services after initially taking instructions, and again aft...

6. CAC20003 v Sue [2015] NZREADT 87 [pdf, 180 KB]

   ...purpose is by providing accountability through an independent, transparent, and effective disciplinary process. [25] Professional standards must be maintained. The aspects of deterrence and denunciation must be taken into account. It is settled law that a penalty in a professional disciplinary case is primarily about the maintenance of standards and the protection of the public, but there can be an element of punishment. Disciplinary proceedings inevitably involve issues of deterren...

7. [2021] NZACC 74 - Brown v ACC (17 May 2021) [pdf, 350 KB]

   ...was as a result of an injury or whether it was because of degenerative changes in lumbosacral disc. Background [2] Ms Louise Brown lives on a rural property in Greytown in the lower North Island. She works five days a week as a duty lawyer and also in a restaurant which she part owns. She owns a property on which she keeps a number of animals which she is actively involved in looking after. [3] In 2015 Ms Brown consulted with an orthopaedic surgeon Mr Schwanecke beca...

8. Notman v Accident Compensation Corporation [2016] NZACA 01 [pdf, 112 KB]

   ...May 2013) of Mr Notman’s former representative to the District Court. [34] The Authority received submissions from the Corporation (4 February 2016). There were further submissions from the Corporation’s counsel at the hearing. THE LAW [35] Mr Notman was injured during the currency of the Accident Compensation Act 1972 (“the 1972 Act”). Notwithstanding the repeal of the 1972 Act, the Authority continues to have jurisdiction over certain claims arising from personal...

9. CS & KS v H Ltd [2023] NZDT 605 (13 November 2023) [pdf, 204 KB]

   ...inverter moved to the garage, they must pay the additional costs, including any wi-fi upgrades necessary to enable the inverter to communicate with the control unit. 28. CS and KS have sought damages for additional electricity costs. The CGA and the law of contract both allow for recovery of consequential losses all incurred as the result of a breach of contract. This can occur where those costs are incurred as a direct result of the failure, and where the costs are reasonably fores...

10. [2007] NZEmpC AC 24/07 Jeffries v Adis International Ltd [pdf, 47 KB]

    ...within the scope of the Authority’s discretion and was a principled determination in all the circumstances. The plaintiff has failed to discharge the burden of showing the Authority’s costs determination was wrong in either fact or law and therefore her challenge is dismissed and the costs award of the Authority will stand. The amount paid into trust in respect of the Authority’s costs award, including any interest thereon, may now be released to the defendant....