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1. Naera v Fenwick - Whakapoungakau 24 Tikitere Trust [2011] Māori Appellate Court MB 316 (2011 APPEAL 316) [pdf, 194 KB]

   ...need to comply with section 229 of the Act? [42] Owners’ consent and consultation [49] Conflicts of interest [63] Removal of trustees [73] Decision [89] Decision of 30 June 2011 – Application for an injunction [95] Costs [101] 2011 Maori Appellate Court MB 318 Introduction [1] The appellants appeal the lower Court‘s decisions of 10 September 2010 1 concerning an application for review of trust and of 30 June 2011 2 concerning an application for a...

2. Hahn v Walke [2019] NZIACDT 19 (8 April 2019) [pdf, 306 KB]

   ...(4). 7 Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 8 Section 50. 9 Section 51(1). 10 Section 53(1). 11 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97]– [98], [101]–[102] & [112]. 12 Statement of reply form, 10 May 2018, at Part 4: Ms Walke’s email of 4 June 2018 to the Tribunal. 13 Legislative requirements 3. A licensed immigration adviser must: … c. whether in New Zealand or of...

3. [2021] NZIACDT 2 - IMH v Marica (4 February 2021) [pdf, 288 KB]

   ...NZHC 376 at [93]. 9 Section 50. 10 Section 51(1). 11 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 12 Z v Dental Complaints Assessment Committee, above n 11, at [97], [101]–[102] & [112]. 13 [67] The Tribunal has received from the Registrar the statement of complaint (21 May 2020), with a file of paginated supporting documents. [68] There is a statement of reply (31 July 2020) filed by Ms Toni A...

4. LCRO 183/2020 DX v SQ (26 February 2021) [pdf, 260 KB]

   ...because they operated those accounts for HX. He says since [date], when representatives from the Public Trust visited HX in hospital, they knew HX had made a will more recent than the 1998 will which the Public Trust held for safe keeping. [101] However, from my analysis, although MX told YX and RX on [date] Mr DX was executor, and the Public Trust told RX on [date] that HX had mentioned another will, despite their subsequent requests, Mr DX did not provide them with copies of the...

5. [2020] NZIACDT 37 - TTD v Zheng (7 September 2020) [pdf, 282 KB]

   ...Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 4 Section 50. 5 Section 51(1). 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 7 Z, above n 6, at [97], [101]–[102] & [112]. 12 resignation letter was only, “HR policy for those who need to leave the company for a long period of time”. The complainant’s manager was aware of the leave letter. There was no misleading beha...

6. M and M v IAG New Zealand Ltd [2019] CEIT-2019-0047 [pdf, 329 KB]

   ...Conclusion 82 Timber flooring 83 Conclusion 85 Master build guarantee 86 Conclusion 91 Professional fees 92 Conclusion 93 Possible framing damage caused by failed EQC repairs 94 Overall cost 99 Using quantity surveyors 101 Tender 104 Analysis 105 Conclusion 115 Process 116 Overview [1] This case demonstrates how to resolve disputes between homeowners and insurers who have agreed on the repairs needed to meet the policy standard but c...

7. [2022] NZIACDT 29 - EQ v McCarthy (19 December 2022) [pdf, 322 KB]

   ...the same reason, only be briefly summarised here. 9 Section 51(1). 10 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151]. 11 Z v Dental Complaints Assessment Committee, above n 10, at [97], [101]–[102] & [112]. 11 [59] Mr McCarthy had earlier in his life been a police officer for some years, but left due to burnout and a diagnosis of [redacted]. In addition, he developed a number of chronic stress-associated health p...

8. [2022] NZREADT 15 – Complaints Assessment Committee 2108 v Rankin Tremain Real Estate Wairarapa Ltd (10 August 2022) [pdf, 224 KB]

   ...of 28 August 2020. In respect of Bowen Street, he apparently 2 Real Estate Agents Act 2008, s 105. 3 Section 109(1). 4 Section 109(4). 5 Section 110. 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [101]–[102], & [112]. 9 denied the forgery in his discussion with Mr Slater, but he has not denied it to the Tribunal. Indeed, he admits the charge, including the Bowen Street forgery, before the Tribunal. [52] The charge agai...

9. [2022] NZIACDT 27 - ZK v Li (8 November 2022) [pdf, 212 KB]

   ...Disciplinary Tribunal [2017] NZHC 376 at [93]. 14 Section 50. 15 Section 51(1). 16 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151]. 17 Z v Dental Complaints Assessment Committee, above n 16, at [97], [101]–[102] & [112]. 13 Her pay structure was clearly written in the contract. Mr Li never picked up the issue that payment by commission was excluded, as a result of which they went ahead and paid $10,000 in fees and was...

10. Aitcheson v Accident Compensation Corporation (Social Rehabilitation, Attendant care, Laundry Services) [2023] NZACC 143 [pdf, 389 KB]

    ...and Pete over the years, Ivan’s quality of life would be very different, with the likelihood of his being in a secure unit and possibly more highly medicated/sedated than he is at present. [57] Ms Bay recommended attendant care at level 1 of 101 hours per week and home help of 14 hours 30 minutes per week. [58] Ms Caroline Inglis, an occupational therapist, attended Ms Bay’s assessment and peer reviewed the special needs assessment report. ACC’s decision of 25 June 2013 t...