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...2008 BETWEEN GASTON COMA Applicant AND REAL ESTATE AGENTS AUTHORITY First Respondent On the papers Tribunal: Hon P J Andrews (Chairperson) Ms N Dangen (Member) Mr N O’Connor (Member) Submissions filed by: Ms Wisniewski, on behalf of the Authority Date of Ruling: 17 April 2019 ____________________________________________________________________ RULING OF THE TRIBUNAL (Application for order prohibiting publicat...
...reasonableness; and if so, whether this issue is moot; and (d) if the Court can consider those arguments, whether the Authority’s orders should be quashed for unreasonableness. The parties have claims in the Authority [7] Ms Johnstone has filed a personal grievance claim in the Authority for unjustifiable disadvantage arising from Kinetic’s actions after she tendered her resignation. Kinetic has counterclaimed alleging, among other things, Ms Johnstone misused its confide...
...The Appellant also notes that it was neither the holder of the resource consent nor the person undertaking the works. [18] On the ground that the appeal is unnecessary, the Appellant submits that the Council waited until after the appeal had been filed before taking steps to withdraw the abatement notice. In support of that ground, the Appellant submits: (a) It responded urgently, arranging two site visits within a week of service of the abatement notice and entering into correspond...
...breaches of regulations, in order to establish that “… Ms Elder’s conduct displays a repetitive disregard for the Regulations and orders made by a Standards Committee”: “10. … (a) In 2014, Ms Elder was warned that if she was late in filing her certificates of compliance with the New Zealand Law Society (NZLS) her non-compliance may be referred to the Committee. (b) Despite being warned of potential disciplinary action being taken against her, Ms Elder continued to file...
...substantive determination as of right was 27 November 2017. If Ms Randle had brought a de novo challenge, she could have called her colleague and her colleague’s husband as witnesses in the Court. There is no explanation for why a challenge was not filed before 27 November 2017. Nor is there a good explanation as to why it took until 7 February 2018 for the application to reopen the substantive determination to be lodged with the Authority. [37] The Warehouse ought to have bee...
...providers have had staffing changes since the first update, so we have included material from the July 2018 update to create a single document. Because these updates will affect your daily interaction with the courts it is recommended that you file them with your Code of Practice and make them accessible to everyone in your organisation. Thank you for your patience and understanding as you have adjusted to new contracts and changes in contract managers. Our team is in...
...Employment Court, Mr Sexton argues the work he performed at the site was not pursuant to a contract between E Clean and PASMR, but rather that he was employed by PASMR 2 Mr Sexton, however, had filed his challenge in the Employment Court before the Disputes Tribunal hearing. and carried out the work pursuant to an employment agreement between PASMR and himself. [18] It would be an abuse of process to allow Mr Sexton to...
...April hearing of the Taranaki claim. SETTING THE RECORD STRAIGHT It is with much pleasure that we welcome Molly Kino of Ngati Maniapoto to the staff of the Waitangi Tri bunal. Molly is contracted to work 20 to 25 hours a week on our records and filing system. When she is not at the Tribunal, Molly is at Victoria University and Wellington Polytechnic, completing studies in kaupapa Maori and stenography. She is also working towards tutor certificates in those subjects. ~ 'W...
...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 days if you have been granted an...
...Money Claims Act, I require submissions from both EQC and A which should address whether an award of interest should be made, and if so, the date from which it should run. [32] I direct, therefore, that: (a) A's submissions are to be filed by 31 January 2020; (b) EQC's submissions in reply are to be filed by 14 February 2020; and (c) A's response is to be filed by 21 February 2020. C P Somerville Chair Canterbury Earthquakes Insur...