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1. Lethbridge v The Real Estate Agents Authority (CAC 403) & Fenton, Fenton v The Real Estate Agents Authority (CAC 403) & Lethbridge [2018] NZREADT 58 [pdf, 506 KB]

   ...matter is to first consider whether Mr Fenton was given the required notice or advice that he should have legal advice before signing the listing agreement. It is our further view that even if Mr Fenton was actually given the advice that the law requires, it would be open to the Tribunal to come to the view that if a client plainly was not in a position to understand the notice about the need for legal advice, then the licensee would not be able to successfully assert that a recom...

2. [2021] NZACC 40 - OBrian v ACC (25 February 2021) [pdf, 329 KB]

   ...opinion that this could be an underlying gradual process condition and that he is uncertain whether the tears have been accelerated by a degenerative condition as the imaging shows pre-existing changes. [26] The Reviewer considered the relevant law and in particular referred to the decision of McDonald v ARCIC which stated that cover is unavailable under the Act if the gradual or ageing process is “the whole or substantial cause” of the injury.1 She also referred to the decis...

3. Welcome Guide Information for court and tribunal interpreters v4 [docx, 1.7 MB]

   ...detention. Conflict of Interest – where a person (interpreter) knows or knows of a participant that is going through the courts. Coroner – judicial officer appointed to look into sudden or suspicious deaths to establish what happened Counsel – a lawyer who represents one of the parties in a court case Court Manager – Individual(s) who manages teams of people within the District Court. Also looks after the day to day running of the court. Court order – formal direction from the cour...

4. Rudd - Horowhenua 11 Part Reservation Trust (2017) 368 Aotea MB 201 (368 AOT 201) [pdf, 287 KB]

   ...roles of the Trust and the MTA as an authoritative representative of Muaupoko Iwi. Some who support Mr Rudd such as Phillip Taueki have strong views about these matters and generally oppose positions taken by either the Lake Trust or the MTA. Law: When should the Court intervene to enforce terms of trust or remove trustees? [36] A trustee may be removed by the Court for failure to carry out their duties satisfactorily. 9 There are two steps: the first is to consider whether it has...

5. [2023] NZREADT 28 - Whalan and Partners Ltd v CAC2107 & SL (06 October 2023) [pdf, 232 KB]

   ...joinder, it said it was concerned about whether there had been adequate supervision of the licensees. However, they were very experienced. The Committee confirmed they did not need day-to-day supervision, so the basis on which they were joined was flawed. The Committee has employed an ‘end justifies the means’ artifice to find the agency liable and order a refund. [52] The Committee’s conclusion was based on the premise the agency had been negligent. The Committee said tha...

6. Sadaraka - Estate of Wiremu Te Hira Jack Kino [2016] Chief Judge's MB 880 (2016 CJ 880) [pdf, 386 KB]

   ...only to Hera Kino who predeceased the deceased. They had the following issue: 1. Ngarongoa Kino m.60 [address] 2. Patrick Rimini Aramakutu f.52 װ װ 3. Materari Kahui f.51 װ װ 4. Wiremu Te Hira Kino m.51 װ װ 5. Rangipipi Lawrence f.47 װ װ 6. Linda Titihuia Williams f.46 װ װ 7. Alistair David Tera Kataha Kino m.45 װ װ 8. Hone Te Irirangi Kino m.44 װ װ 9. Nora Tenoa Jack f.43 װ װ 2016 Chief Judge’s MB 883 Cour...

7. [2012] NZEmpC 96 South Pacific Meats Ltd v Mohammed [pdf, 238 KB]

   ...the August start-up date, and that Mr Hamilton knew that he was in Invercargill waiting for his call-up. Despite this, Mr Mohammed was not called up until the night shift began in November 2010. Mr Mohammed surmises that this was because his lawyer had, in the meantime, written to the company outlining a number of concerns about the way in which Mr Mohammed had been dealt with. [42] The day shift began in August 2010. A halal slaughterman (Mr Mohammed Mohammed) was engaged on t...

8. Wernham v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 022 [pdf, 315 KB]

   ...identify the substance from an unmarked container, exposure to combustion residues, being splashed, during disposal of samples, when transporting samples, when throwing samples into a pit without PPE, when entering active and inactive labs. Relevant law [34] Section 30 of the Accident Compensation Act 2001 (“the Act”) provides: 30 Personal injury caused by work-related gradual process, disease, or infection (1) Personal injury caused by a work-related gradual process, dise...

9. Rolleston v Moore - Lot 1 Deposited Plan South Auckland 52401 and Ongaonga No 1C No 1 Block (2016) 133 Waikato Maniapoto MB 39 (133 WMN 39) [pdf, 297 KB]

   ...oral decision. I made the following findings: 4 a) That the relevant part of the fence line between 1C1 and Lot 1 followed the surveyed boundary line and that Mr Walter Moore was responsible for damaging the fence line. I found that he had no lawful excuse for doing so and that I would, following the receipt of further evidence concerning quantum, make an order for the payment of compensation pursuant to the Fencing Act 1978, in favour of the applicant; b) That this was an appr...

10. Ram v Tan [2016] NZIACDT 39 (9 August 2016) [pdf, 207 KB]

    ...confirmation of his immigration status. [10.1.3] He told the complainant he would withdraw his pending application due to “false allegations” when the complainant expressed reasonable concerns. 4 Further, Mr Tan knew it would not have been lawful to withdraw the application without instructions. [10.1.4] He told the complainant he would inform the “relevant authorities” if the complainant did not pay fees to the practices where he worked, when he knew Ms Aasa had...