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1. [2020] NZIACDT 29 - Immigration New Zealand (Carley) v Penty (6 July 2020) [pdf, 119 KB]

   ...the adviser’s unlawful delegation of control of the visa application and management of the client relationship to the staff of IPS/BNAC. [8] Mr Cleland had been disciplined in respect of 12 Filipino clients, with the applications having been filed with Immigration New Zealand in September and October 2016. The complaint against Ms Penty concerned 11 Filipino clients for whom she had acted between about March 2017 and August 2018. [9] The standard arrangement saw IPS/BNAC source...

2. Canterbury Westland Standards Committee 1 v Whitcombe [2019] NZLCDT 37 [pdf, 152 KB]

   ...L C, following a subdivision of the property by Mr R S. [10] An agreement was prepared by the practitioner and signed by the parties in August 2010 on the basis that he was acting for both vendor and purchaser. There was nothing written on the file that recorded terms of engagement or a client care commitment to either. Mr Whitcombe accepted:2 “(a) That he did not either obtain the informed consent or any waiver from either client to act in respect to the transaction;...

3. Angell - Part Nukuroa 2A3C2 and Lot 2 DP37299 (2019) 198 Taitokerau MB 231 (198 TTK 231) [pdf, 447 KB]

   ...25433, Wellington cameron@bennion.co.nz mailto:cameron@bennion.co.nz 198 Taitokerau MB 232 Introduction [1] Part Nukuroa 2A3C2 and Lot 2 DP 37299 are adjoining blocks of Māori freehold land located in Oruawharo. Three applications have been filed seeking a combined partition of the applicants’ interests in these blocks. The issue in this case is whether the combined partitions should be granted. Background [2] Part Nukuroa 2A3C2 (“Nukuroa”) is 62.615 hectares i...

4. Nelson Standards Committee v Smith [2018] NZLCDT 34 [pdf, 171 KB]

   ...in the Family Court but in March 2015 Her Honour Judge Walker transferred the proceedings to the High Court citing a number of reasons including “the inability of the District Court to enforce compliance and the lack of case management on the file to date”. [6] From that date until October 2016 the practitioner failed to comply with a number of sets of timetabling orders made in the High Court. We note that he was the 1 Section 12 La...

5. LCRO 137/2018 A1 v B2 (26 November 2018) [pdf, 158 KB]

   ...allegation that Ms B2 had contravened r 2.7 in her complaint and the Committee did not address it. Ms A1 relies on an email from Ms B2 to Ms LL, copied to K’s lawyer, dated 11 December 2017. Ms B2 says in that email: I refer to my memorandum filed this morning. I invite you to withdraw your memorandum on the basis of the considerable evidence contained within that should properly be in affidavit form. It is clear that this matter will require hearing time. If your client is goi...

6. [2022] NZACC 11 - Williams v ACC (25 January 2022) [pdf, 247 KB]

   ...not been able to agree on an appropriate peer reviewer to confirm the validity of Dr Newburn’s report … [43] Mr Williams lodged an application for review of this decision. The Reviewer dismissed the application on 12 March 2020. Mr Williams filed an appeal. [44] Since then, Mr Williams agreed to undergo an assessment with an approved assessor, Dr Meads, who provided a report on 23 March 2021. [45] Mr Meads concluded that Mr Williams has an impairment level of 11%. Mr Wi...

7. Vercoe v Savage - Otonga Whanau Trust [2021] Chief Judge's MB 838 (2021 CJ 838) [pdf, 280 KB]

   ...29 June 2021 TE WHAKATAUNGA Ā KAIWHAKAWĀ MATUA TUARUA C L FOX Judgment of Deputy Chief Judge C L Fox 2021 Chief Judge’s MB 839 Hei timatanga kōrero - Introduction [1] This application was filed by Lawrence Niao on 24 March 2016, however he has since passed away. Rihi Vercoe has continued the proceedings as a trustee of the Alice Niao Whānau Trust. The Trust is an owner in the land. They seek an order pursuant to s 44 cancel...

8. Cook v Manawatu Community Law Centre (Costs) [2021] NZHRRT 57 [pdf, 168 KB]

   ...sent by her to a Ms Jonassen in November 2016, Ms Cook agreed to file a notice of discontinuance against Ms Abraham. By Minute dated 25 June 2020 the Tribunal granted the application for removal of Ms Abraham as second defendant, following Ms Cook filing her notice of discontinuance, but reserved its decision on costs until after the conclusion of the hearing. [9] In support of her costs application against Ms Cook, Ms Abraham, inter alia, said: [9.1] Ms Cook named Ms Abraham as a defe...

9. EF v G Ltd NZDT [2021] 1530 (24 February 2021) [pdf, 229 KB]

   ...Ltd counterclaims $1,846.39 in repayment of the debt, including interest and debt collection costs. 7. The initial hearing for this matter was adjourned at the request of G Ltd because there had been insufficient time to review evidence it had filed prior to the hearing. CI0301_CIV_DCDT_Order Page 2 of 7 8. EF did not attend the second hearing. The hearing proceeded in order to consider the counterclaim, which must be treated as a separate claim, established on its own merits....

10. [2021] NZEnvC 144 - Coneburn Preserve Holdings Limited and Others v Queenstown Lakes District Council [pdf, 658 KB]

    ...comments in accordance with direction (b). Council Report (d) Within 20 working days after either: receiving advice from Jacks Point that it will not be providing written comments, or receipt of written feedback in accordance with (b), QLDC must file with the Court a report which: (i) summarises the written comments and any expert evidence received (if any); (ii) provides a link to all written comments and expert evidence received, which are to be uploaded to QLDC’s PDP app...