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1 [2011] NZWHT AUCKLAND 10 UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of a reconsideration of the Chief Executive’s decision under section 49 CLAIM NO. 6373: JANICE GALVIN – 20 EGMONT STREET, TE ARO ELIGIBILITY DECISION OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL The Claim [1] Janice Galvin is the owner of a leaky home. On 10 August 2000 she filed a claim with the Department of Building and Housing....
...Immigration New Zealand (INZ) a form referred to as INZ 1113 (the INZ form). An applicant would therefore need to engage with his or her employer to have the form completed. Mr Gill did so on this occasion. [12] RBL was well used to meeting such requests from its staff. Accordingly, on 3 February 2017, a human resources administrator forwarded the necessary documentation to Mr Gill. It included confirmation of Mr Gill’s employment by RBL, a copy of his IEA, a copy of the l...
...licence, she did not tell them and arrange for continuing representation. [4] The adviser generally disputes the facts alleged in support of the complaint, and claims she delivered professional services properly. She says the complainants withheld information about the character issue, which was not her fault. [5] The Tribunal has accepted the account given by the complainants and upheld the complaint. The complaint [6] The material allegations in the complaint were set out in the St...
...Legal professional privilege Information contained in the provider’s files is legally privileged, however section 109 of the Act provides that legal privilege does not prevent, limit or affect the provider producing a file, record or document requested during audit. Information that is subject to legal professional privilege and produced for the purposes of an audit or investigation must not be used in: • any proceedings against the client; or • any way that is detrimental to...
...were identified as Mr Zareian and Ms Zareian. Under “Other Disclosures”, the vendors answered “no” to the question whether there was any completed work which might have required a consent.1 At the time of listing, the vendors did not inform the Zareians of the unconsented building work. [9] The property was marketed from about 17 August 2021 by the Zareians. 1 Agency agreement (4 August 2021) at [21.2]; BoD at 153. 3 [10] The Zareians were subsequently inform...
...appear ready for the Authority to consider. Against that background, Mr Lee has belatedly sought an adjournment of the meeting, claiming that he has an urgent need to travel to South Korea. The explanation offered to the Authority to support this request was that he has business interests in New Zealand that are in some way funded by the Government of South Korea and it is necessary for him to attend, in person, in 1 See Employment...
...case the claim and counterclaim are essentially two halves of the same coin. The result must therefore be that if the counterclaim fails, the claim must succeed. 10. The rest of this decision addresses the substance of the counterclaim. The information provided by EF in his written claim and in the initial hearing is also taken into account in that context. 11. Following the second hearing on the counterclaim the issues to be addressed are now as follows: a) Was a debt due and...
...my professional duties is yet another attempt to bully and discredit me. As mentioned in my earlier email this morning I have every intention of defending myself as I consider your actions extremely prejudicial. [22] The email concluded with a request for “forms I need to make a formal complain[t] on how I have been treated”. [23] A further email followed on 8 February 2013 in which Mrs Marx stated that: We consider the current ‘suspension of my duties’ by the pri...
...freezing orders and ancillary orders against it. Mr Hwang and Ms Weon are shareholders in Saena. Freezing orders and ancillary orders are sought against them because they may control the business and/or have received any proceeds of sale. Request for urgency [7] The application was filed on 1 March 2022. Urgency was granted and the application was considered at a hearing with counsel, Mr Seungmin Kang, on 3 March 2022. 1 Kang v Saena Company Ltd [2021] NZERA 196 (Me...
...view of the facts of the case and asking him to provide a full affidavit in answer to specific questions. He provided an affidavit on 10 December but has repeatedly refused any further response to the YMCA. [49] The lengthy email to Mr Tindall requesting an affidavit was actually written by Mr Zwart. Mr Zwart summarised the relevant events that had occurred back in January/February/March 2008 and then requested Mr Tindall’s response to a number of issues. One of those issues wa...