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  1. [2012] NZEmpC 20 White & Others v Reserve Bank of New Zealand [pdf, 148 KB]

    ...was in the public interest that it should be removed immediately to the Court. In this regard, the Authority correctly noted that the issues between the parties had existed for approximately 20 years, that the statement of problem had not been filed until December 2008 and it was not until April 2010 that the plaintiffs had filed their application for removal. The Authority did, however, accept that the issues involved were complex and involved potential jurisdictional difficultie...

  2. Robinson v CAC 20006 & Wagner [2014] NZREADT 57 [pdf, 62 KB]

    ...disagreement about the effects of the above facts. The Disputes Tribunal Proceedings [21] After further email correspondence between the licensee, the complainant, and her solicitors, the commission dispute remained unresolved; so that the agency filed an application in the Disputes Tribunal seeking to recover $10,000 unpaid commission. [22] The complainant counter-claimed arguing that the licensee had a conflict of interest in representing both her and Mr Rawnsley; and that the l...

  3. Penalty CAC 10020 v McDonald [2014] NZREADT 29 [pdf, 141 KB]

    ...on that issue, but stated that our final decision on penalty would be provided later (with reasons) in writing. [4] Subsequent to the hearing on 3 October, the defendant re-engaged with these proceedings. She is now represented by counsel and had filed an appeal against our misconduct findings, which we were advised on 27 March 2014 has been withdrawn. She asserted her right to be heard by us on the issue of penalty. [5] Accordingly, a penalty hearing took place before us at Ashburto...

  4. FZ v UL LCRO 257 / 2010 (17 October 2011) [pdf, 127 KB]

    ...borrowed to complete the purchase. Without this, FZ’s parents were otherwise unable to secure the necessary finance. [6] Following continued denial of any interest in the property by FZ, GA lodged a caveat against the title to the property and also filed relationship property proceedings in the Family Court. [7] UL applied to the Registrar of Lands to lapse the caveat, following which GA filed in the High Court for an Order that the caveat not lapse. [8] UL was a general prac...

  5. Van Workum & Ors as Trustees of the Van Workum Family Trust v Auckland City Council [2010] NZWHT Auckland 20 [pdf, 210 KB]

    ...Workum got a builder friend to look at the house for her who stated that aside from the dampness on the floor and carpet, there were signs of things being patched up, such as silicone used around the windows in the kitchen. [16] The claimants filed a claim with the Department of Building and Housing on 6 January 2006 under the Weathertight Homes Resolution Services Act 2002. Accordingly an assessor’s report was returned concluding that the claim met the eligibility require...

  6. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 43 [pdf, 149 KB]

    ...hearing. Parties had accordingly agreed that if we concluded a reclad was necessary there would be no need for further evidence to be given in relation to the quantum. Our 24 August 2012 decision however provided a timetable for submissions to be filed, particularly on the issue of contribution, given the significance of Mr Holyoake’s clear and unequivocal evidence at the 31 July 2012 hearing, to our conclusions on remedial scope. [3] The issues still to be determined a...

  7. Jones v ACC [2014] NZACA 17 [pdf, 70 KB]

    ...He disclosed there his discovery that he had in fact sought from the Authority leave to appeal to the High Court (from the decision of Judge Middleton of September 1987) much earlier, as early as February 1989. [68] On 26 September, Mr Jones filed a copy of a handwritten letter dated 18 February 1989 addressed by him to the Authority and seeking leave to appeal to the High Court against the decision of Judge Middleton. It bears a Ministry of Justice stamp stating it was received on...

  8. [2016] NZEmpC 86 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 182 KB]

    ...of action for declarations and damages. The following orders are made pursuant to the Court’s powers to regulate its proceedings under ss 189 and 221(d) of the Act. [33] I direct that: (a) The first and second defendants (the unions) are to file an affidavit or affidavits including or annexing lists of their documents relevant to the proceedings. This is to be done within the next 14 days. (b) Each document or group of documents must contain a reference to its general nature...

  9. Law Firm A v Standards Committee LCRO 319/2012 (31 May 2016) [pdf, 72 KB]

    ...each. Each partner was also ordered to pay the sum of $200 to the New Zealand Law Society by way of costs. Application for review [18] In the application for review the applicants addressed in detail the finding of unsatisfactory conduct for filing the incorrect certificates. This necessarily addressed the overdrawn firm’s account. [19] On 2 August 2013, a letter was sent to the applicants by this Office, noting that on review, this Office is required to consider all issues....

  10. Ashraf v Standing [2012] NZIACDT 55 (30 August 2012) [pdf, 151 KB]

    ...in the offending. I am satisfied that a financial penalty of $6,000 against Mr Loh is appropriate. [86] Mr Loh appears to be the only person holding a licence in at least one practice where he operates. He may have a substantial number of active files and it will take time to arrange for substituted licensed immigration advisers to take over such files. [87] It is a matter of some concern that Mr Loh should undertake that process without supervision; however, there is no jurisdiction t...