Search Results

1. I v J [2016] NZIACDT 15 (24 March 2016) [pdf, 110 KB]

   ...initially refunded only $100 of the $4,500 due. 5 The responses [17] The complainant did not file a statement of reply, but was not required to do so if he agreed with the contents of the Statement of Complaint. [18] Mr J filed an affidavit answering the complaint. Mr J’s position was uncomplicated, he claimed the whole foundation for the complaint was fabrication, and the complaint had through threats and false allegations caused Mr J to pay him money. The essential el...

2. Khan v Khetarpal [2015] NZIACDT 45 (24 April 2015) [pdf, 104 KB]

   ...circumstances. [37] Ms Khetarpal should prepare her submissions on penalty with regard to those factors. 7 [38] The Tribunal will consider an application to conduct an oral sanctions hearing if Ms Khetarpal applies, providing grounds, any affidavit evidence, and submissions. Timetable [39] The timetable for submissions will be as follows: [39.1] The Registrar and the complainant are to make any submissions within 10 working days of the issue of this decision. [39.2]...

3. [2014] NZEmpC 202 Hutchison v Nelson City Council costs [pdf, 112 KB]

   ...consideration when the proceedings were concluded. 13 The only costs which fall for consideration are those of Mr Zindel. He gave advice to Ms Hutchison before the application was issued, and then rendered an invoice to her. Although he prepared an affidavit to support the application, there is no evidence that he charged her for doing so. Otherwise, Ms Hutchison represented herself for the purposes of the application. No award for costs is made. (c) A claim has been made...

4. Manunui v Church – Lot 37-49 DP 34051 (2013) 313 Aotea MB 260 (313 AOT 260) [pdf, 137 KB]

   ...owners of this land, and this ownership has been confirmed by the Court in 2006 and 2011. 4 The land is not subject to any trust and the title to the land is registered under the Land Transfer Act 1952. [11] Counsel also confirmed that the affidavit evidence of the applicants illustrated that the land can be more effectively managed or utilised as General land. In addition, Dr Gilling submitted that the owners have had adequate opportunity to consider the proposed change of st...

5. Reeves v Gardiner - Waikawa Village Sections 15A, 15B and 15C (2011) 8 Te Waipounamu MB 194 (8 TWP 194) [pdf, 105 KB]

   ...$65.00 Communicating with Māori Land Court and subsequent discussions, 1 staff @ $14.50 per hour plus holiday pay for 4 hours $62.64 Research into and preparation of Notice of opposition to Application for Injunction, Preparation of Affidavit and back up documents and preparation for court hearing. Preparation of Costs; 1 Staff 40 hours @ $15.50 per hour plus holiday pay $669.60 Court Hearing time 1 staff @ $14.50 per hour plus holiday pay for 4.5 hours $70....

6. Fenwick - Whakapoungakau 24 Block (2013) 82 Waiariki MB 202 (82 WAR 202) [pdf, 137 KB]

   ...fully entitled to do. 5 ... 3 Naera v Fenwick – Whakapoungakau 24 (2010) 15 Waiariki MB 279 (15 WAR 279). 4 Wall v Karaitiana - Tauhara Middle 15 (2007) 85 Taupō MB 225 (85 TPO 225) 5 Affidavit of Wahiao James Gray sworn 13 November 2009, at 101 82 Waiariki MB 207 [149] While I accept that Mrs Fenwick did not deliberately set out to benefit herself and her family, it was inappropriate for her to participate in the d...

7. Human v New Zealand Law Society [2014] NZLCDT 32 [pdf, 174 KB]

   ...to provide documentary evidence as to: “… The WINZ Start Up grant and the effect on that of any income or finance from other sources on either the amount or availability of the grant…… [3] At least a letter from your parents if not an affidavit to confirm their support and its terms if any. [4] Obtain letters from potential instructing solicitors. The Tribunal doesn’t expect them to commit to a quote of work of any sort but simply to their confidence and the likelihood o...

8. McTernan & Anor v CAC302 & Ors [2016] NZREADT 9 [pdf, 224 KB]

   ...She told the Tribunal that she had no intention of misleading any potential purchasers and genuinely believed (and continues to believe) the advertisement was correct and not misleading. [20] For the sake of completeness we note the supplementary affidavit of Ms McTernan, which includes an email from Mr Dunsmuir saying that he was aware that the purchaser under the previous agreement had concerns about the condition of the roof based on the builder’s report. 5 [21] This is...

9. Child protection policy [pdf, 275 KB]

   ...concerns, contact Oranga Tamariki to connect with trained social workers who will ask further questions to assess the situation. If staff identify the suspected abuse or neglect: • in the context of court proceedings, (for example, it is disclosed in affidavits or given as evidence in court) and staff have a concern that the Police or Oranga Tamariki have not been informed, they should tell their manager who will discuss with the judge. • outside of court proceedings and the chil...

10. Xu v Noon [2014] NZIACDT 46 (08 April 2014) [pdf, 135 KB]

    ...credibility issues to resolve. [16] Accordingly, the interim decision provided the adviser with a further opportunity to respond to the complaint. The Response to the interim decision Adviser [17] The adviser responded to the interim decision with an affidavit, he did not apply for an oral hearing. [18] His response to the various allegations in the complaint was as follows. Incorrect advice regarding immigration options [19] The adviser did not provide written material created...