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...discharges its function to deal in a just and speedy way with everyday workplace differences and disputes. (11) In the majority of cases the interests of justice will require that the name of a grievant in a complaint of sexual harassment should be protected. The public interest is advanced by saying so because this amount of protection is likely to encourage the oppressed to come forward and bring 1 [1993] 2 ERNZ 469. 6 their...
...are disciplinary proceedings taken to give effect to the Purpose of the Act. These proceedings have been said to be civil in nature see Director of Proceedings v I, [2004] NZAR 635. 3. Purpose of Act (1) The purpose of this Act is to promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work. (2) The Act achieves its purpose by― (a) regulating agents, branch m...
...community-based employment schemes - to settle all unpaid rates within the Te Roroa claim area. To obtain remission by the Kaipara district council until access by private or public road is pro vided to the Waipoua settlement. ~ Control and protection of wahi tapu The Waitangi Tribunal proposes that the Crown re-affirm the trad itional and Treaty rights of tangata whenua to control and protect their own wahi tapu. The Tribunal also requires the Department of Conservation and other...
...Area and an explanation is included. 4.2.1 Outstanding Natural Landscapes and Outstanding Natural Features The District contains a number of outstanding natural landscapes and outstanding natural features that require identification and protection from inappropriate subdivision, use and development. In determining what is inappropriate subdivision, use and development in these landscapes it must be recognised that these landscapes are often utilised by people and commun...
...assessment of damages involves a determination of the quantum of loss attributable to the negligence of the respondent deemed to be liable. Having regard to the evidence of the assessor and Mr Grigg, I am satisfied that the breach of duty of care by Mr Reyes has been a substantial and material cause of the multiple defects in construction identified and the consequential substantial diminution in the value of the house. I conclude that Mr Reyes is jointly and severally liable f...
...8. Prior °to his death Putere filed an affidavit dated 24th June 2005. In that affidavit he said that Hurihia told him that if he and Catherine paid Thomas for his share of the house, she (Hurihia) would gift them her share in return for taking care of her. 9. Catherine Faulkner also confirmed at the hearing that Hurihia had said that as soon as Putere paid the money to Thomas, she (Hurihia) would make her share of the house over to Putere. (See 85 Tauranga MB 104). Attached to Put...
...Kennedy. Ambiguity arises because of the phrase “to hold and administer as kaitiaki”. According to the holistic Māori world view, Māori did not consider they owned land in a western sense. Rather, they saw themselves as kaitiaki or caretakers. They were intrinsically linked with the land and had an obligation to care for and look after the land before passing it on to future generations. In other contexts, the term kaitiaki has been used to refer to a trustee and d...
...guidance, he had lost his job, left his assets (presumably in New Zealand) and had been unemployed since returning to India. The complainant says he did not insist on the early filing of the essential skills application. Her negligence had left his career in bad credit with Immigration New Zealand. He sets out $52,565.50 compensation which is sought, including $25,000 for ruining his career and his life, and $25,000 for mental pressure and depression. [37] [the adviser] provide...
...Committee”) has charged Mr Hilliam with: [a] Charge 1: a charge of misconduct under s 73(c) of the Real Estate Agents Act 2008 (“the Act”) (wilful or reckless contravention of the Act and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”)), or in the alternative, misconduct under s 73(b) of the Act (seriously incompetent or seriously negligent real estate agency work); and [b] Charge 2: a charge of misconduct under s 73(b) of the...
...omission is a serious breach of the Code. The obligation to enter into a written agreement, complying with the prescriptive requirements of the Code, is important. It is not just a paper shuffling, bureaucratic requirement. A compliant agreement protects both the client and the adviser. [55] This item of the complaint is upheld. Ms Tian has breached cl 18(a) of the Code. (2)(v) Failing to provide the complainant with invoices for fees and disbursements, in breach of cl 22 [56]...