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1. Jenner v CAC 10163 & QS - Sanitised [2011] NZREADT 35 [pdf, 123 KB]

   ...decision. An interim order preventing a publication of the name of the agency was made by the Tribunal and remains in place until further order of this Tribunal. The Issues [16] The issues are: [a] Does s.122 of the Real Estate Agents Act permit the doctrine of ostensible authority? 4 [b] Did Jenner Real Estate have actual or ostensible authority to release the monies at the direction of Mr King? [c] Has there been a breach of s.122? If so then what penalty o...

2. [2021] NZACC 38 - ACC v White and Ovation NZ Ltd (19 February 2021) [pdf, 214 KB]

   ...package was signed for by “Tyrone'”). The Corporation and Ovation engaged in communication regarding the proceeding. [23] On 30 July 2019, a case conference was conducted by telephone. Mr White did not attend. The Court made directions permitting Mr White an opportunity to consider whether to file evidence in response to Mr Tasman-Jones’ report. Timetabling was also made for the filing of written submissions. The Registry was not able to contact Mr White following t...

3. [2012] NZEmpC 185 Yang v L E Builders Ltd [pdf, 165 KB]

   ...he did it, or when. At all times he acted under the supervision and direction of the foreman. He, along with a number of other workers, provided carpentry services as part and parcel of the defendant company’s building business. He was not permitted to speak to any of the defendant’s customers and/or clients. During his time with the company he had to seek permission to be absent. [21] There was no evidence before the Court as to industry practice. Mr Yang was unaware of...

4. BORA Visiting Forces Bill [pdf, 214 KB]

   ...admitting a visiting force into its territory must be regarded as having conceded to the visiting force all authority necessary for it to continue to exist as an efficient force available for the service of the sending state.1 Accordingly, the Bill permits a visiting force to exercise exclusive disciplinary jurisdiction over its members while they are in New Zealand. 20. The Bill, however, provides for concurrent jurisdiction as between New Zealand and the sending state to investig...

5. LCRO 44/2017 JJ v IO, UZ, [Law Firm A] [pdf, 233 KB]

   ...client interests if incapacity stands in the way of self-protection. [35] Where the lawyer discloses information under this exception it “should be only to the appropriate person or entity and only to the extent reasonably necessary for the permitted purpose”.7 [36] If disclosure (by way of a reminder) of the EPA to Ms JJ was necessarily the lawyers’ obligation to AJ in the circumstances as they knew them — which in effect is Ms JJ’s argument — then disclosure to he...

6. Harland v ACC [2012] NZACA 6 [pdf, 408 KB]

   ...approach that the 1982 Act had a threshold for attendant care of "constant personal attention" at or about 24 hours per day need. The later Acts had a substantially more flexible approach and in the case of the 1992 Act, the Regulations only permitted attendant care up to 40 hours per week. 5 [19] Mr Davis said that he could say with certainty, that ACC did consider the applicant's case against each of the 1982, 1992 and 1998 Acts, and concluded that she did not req...

7. [2015] NZEmpC 224 Rothesay Bay Physiotherapy (2000) Ltd v Pryce-Jones [pdf, 143 KB]

   ...[49] Finally, Ms White submitted (although I did not understand her to be strongly pursuing the point) that the nature of the relationship was dictated by the legal requirements imposed by Immigration New Zealand, and that the only relationship permitted in law was an employment relationship. It was said that if it is held that Ms Pryce-Jones was engaged as a contractor it would raise issues of legality which constituted a “relevant matter” for the purposes of s 6(3) of the Act....

8. Ryan v CAC 20002 & Skinner [2013] NZREADT 45 [pdf, 67 KB]

   ...transaction, or disclosure requirements, will at least be unsatisfactory conduct, subject to a defence of all reasonable steps having been taken. However, it may be that some requirements, such as the need for timely communication with a client, may permit flexibility depending on the facts of the particular case. [53] The Committee noted, inter alia, the licensee’s admission that he could have been more responsive, presumably, to the desires of the appellant that he make marketing p...

9. IAA v UKFE [2012] NZIACDT 30 (28 June 2012) [pdf, 130 KB]

   ...should transfer to your client account only those funds which are to be held in advance.” [40] His response was that the requirement was met in the case of his practice, as the process involved receiving funds, then creating the records that permit the funds to be allocated to the practice account, and that was invariably after the funds were initially received. [41] He also emphasised the requirements of clause 23 of the Guidelines, which require client records that track all tran...

10. [2007] NZEmpC AK 40/07 Clear v Waikato DHB [pdf, 60 KB]

    ...present case. First, the matter of remedies remains to be decided and there is no certainty that will be an end of the proceedings. More importantly, however, the parties embarked on mediation following the determination. While I am not permitted to know what transpired there, it is likely that at the mediation Miss Clear would have made her dissatisfaction with the determinations known. (c) Effect on rights and liabilities of the parties [17] In this case this amou...