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1. V Nair v Devi [2014] NZIACDT 31 (17 March 2014) [pdf, 214 KB]

   ...further submissions following the interim decision. When replying to the interim decision, she indicated that she still relied on that response in addition a further response. [13] Notwithstanding the interim decision, the adviser has not provided affidavit evidence or sought to have an oral hearing in which sworn evidence could be tested by cross-examination. The adviser has not provided a copy of her file; she says it is lost. In short, the adviser has denied the complaint but provided...

2. Zhang & Cao v Chen [2018] NZIACDT 11 (5 April 2018) [pdf, 202 KB]

   ...agreement in place for a visitor visa application and s 61 request, and saw that work as an extension of her original instructions. [14.5] She failed to inform the complainant of the s 61 request. [15] The adviser supported that position with an affidavit. [16] Counsel for both the adviser and the complainant filed a joint memorandum with a proposal for determining the complaint. They agreed to advance the process with an agreed statement of facts, but only for the purpose of a...

3. [2018] NZEnvC 057 Far North Holdings Limited v Northland Regional Council [pdf, 5.5 MB]

   ...a regional pathway plan. There is no dispute in this case those steps have been undertaken as confirmed by Mr McKenzie. 4 The Marine Pathway Plan [12] The marine biosecurity context for the NRC approach is detailed in Mr McKenzies' affidavit of 12 April 2018. In short, the objective of the Marine Pathway Plan is to prevent the introduction of new marine pests into Northland, and slow the spread of established marine pests within the region. To achieve this objective, the M...

4. [2018] NZEmpC 56 Rodionov v Ozone Technologies Ltd [pdf, 363 KB]

   ...is at stake. [14] It seems to me that the only practical way of deciding a challenge to a costs determination is for the Court to be primarily informed through the submissions of the parties, with the possibility that this may be supported by affidavit evidence about contentious issues. In most cases, there will not be a hearing at which the parties or their agents appear in person. Thus, resolving differences between the parties or their representatives will be problematic. In...

5. [2021] NZEnvC 041 Reid v Bay of Plenty Regional Council [pdf, 678 KB]

   ...counsel. Mr Goldstone and Mr Clare spent time at the meeting e:irplaining the measures that it currently undertook on site to manage dust in accordance witl1 best practice and Harbour Ridge's resource consent conditions, and as set out in the affidavits subsequently filed in support of tl1e second respondent's opposition to tl1e application. [42] Harbour Ridge submitted that the information provided to Mr Reid at this meeting should have assisted J\1r Reid in understanding...

6. Prajapati v Khetarpal [2016] NZIACDT 23 (3 May 2016) [pdf, 250 KB]

   ...Khetarpal compensate Mr Malcolm, but left the level of other sanctions to the Tribunal. Ms Khetarpal’s response to this complaint [8] Ms Khetarpal through her counsel provided submissions 1 , and supporting materials. The material included an affidavit from Ms Khetarpal. The key contentions were: [8.1] Ms Khetarpal had no control over funds in her practice, and that is a mitigating factor. [8.2] She did not personally receive any client funds, so the Tribunal should not require her...

7. E v D [2019] NZIACDT 2 (30 January 2019) [pdf, 185 KB]

   ...complaint could not either be dismissed or upheld with no further action, Mr D would be given an opportunity to provide further medical evidence. This approach was not opposed by Ms Carr or Ms D. [76] Ms E was invited by the Tribunal to file affidavits and present submissions addressing certain issues set out in the Minute. In particular, she was requested to provide an evidential basis establishing that Mr D had instructions to evaluate the lodge business, or should have sought...

8. Hamblyn v Auckland City Council [pdf, 53 KB]

   ...and determine the claim against them on the basis of available information pursuant to s 75 of the Act. [43] Jennifer Vaughan denied that C. T. Vaughan (2003) Limited (CTV Ltd) was involved with the construction. Ms Vaughan stated in her affidavit sworn on 14 August 2009 that CTV Ltd had no 4 Para 12 of Council subm...

9. Suresh v Elizabeth [2019] NZIACDT 45 - Sanctions (3 July 2019) [pdf, 196 KB]

   ...upholding the complaint, it is contended that she was behind all the work undertaken by the unlicensed staff. According to Mr Logan, Ms Elizabeth vetted and advised on the content of all communications sent to the complainant. [47] There is no affidavit or statement from Ms Elizabeth in support of this contention. The email from the former staff member is brief and somewhat general. It is more about general practice within the company, rather than setting out the details of Ms...

10. NLT v Coetzee [2019] NZIACDT 81 (10 December 2019) [pdf, 144 KB]

    ...to convert to self-employment as soon as possible, which he did not want. The complainant sent supporting documents with his reply. [54] There is a memorandum from Mr Moses, counsel for Ms Coetzee, dated 9 May 2018. In support, there is an affidavit from Ms Coetzee, sworn on 1 May 2018. She admits wrongly advising the complainant that he could work as an independent contractor and obtain residence in due course. At the request of the Tribunal, Mr Moses made further submissions...