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1. KM v XND [2013] NZIACDT 7 (14 February 2013) [pdf, 86 KB]

   ...any contact with Mr XND. [7.7] In August 2010 Ms KM signed an authority to act. It was directed to Immigration New Zealand. The document said Mr XND had been retained to represent Ms KM, and authorised him to pursue an Official Information Act request. There was no contract for the provision of professional services, and all advice was given orally. [7.8] Mr XND obtained Ms KM’s file from Immigration New Zealand under an Official Information Act request. He advised Ms KM her only...

2. [2020] NZSSAA 10 (17 March 2020) [pdf, 142 KB]

   ...The appellant told the Ministry that he considered it had all the information needed and would not provide anything further. He also said he would require $80 SNG for food assistance which was approved. [6] On 11 February 2019, the appellant requested an $80 food grant and a $100 SNG food grant for the following week. The Ministry approved eighty dollars. [7] The appellant than provided another disability certificate dated 14 February 2019 from Dr Pauley stating that the appel...

3. [2023] NZEmpC 16 Bird v Vice-Chancellor of the University of Waikato [pdf, 189 KB]

   ...procedure that it has followed, is following or is intending to follow.9 [9] Dr Bird’s case is that the Authority’s decision to strike out content from his statement of problem is a breach of his right to natural justice. He says its inclusion forms a critical part of his statement of problem. Much of the submissions filed by Dr Bird concern his substantive argument. The submissions did not address in detail the preliminary issue for the Court, which is whether it can consider...

4. 2024 NZPSPLA 122 pdf [pdf, 104 KB]

   ...not need to display his security ID. In any event he was wearing it, although partly obscured and he considers this is sufficient to comply with the Private Security Personnel and Private Investigators Act (the Act). He says he produced his COA when requested but denies being obstructive and says police had no right to ask him for further particulars. He denies he is guilty of misconduct and therefore, his certificate should not be cancelled. [3] The issues I therefore need to decide...

5. Mokaraka v Mokaraka - Waima C8 [2022] Māori Appellate Court MB 17 (2022 Appeal 17) [pdf, 343 KB]

   ...application that was supported, to the Māori Land Court to constitute a whānau trust. Once the Registrar had confirmed that orders had issued, the appeal was to be referred back to the Appellate Court for dismissal. Te tono mō te tū anō Request to reconvene Counsel for the respondents subsequently sought a direction that the appeal be reconvened and determined by the Māori Appellate Court.3 Counsel submitted that: (a) When the agreement was made, the appellants had contr...

6. [2021] NZACC 105 - W v ACC (16 July 2021) [pdf, 384 KB]

   ...Revitt v ACC3 where the Court said that before a generous and unniggardly approach can be taken, the legislation must be capable of being interpreted in the way suggested. And McKeffrey v ACC4 where the Court cautioned against additional verbal formulations when interpreting accident compensation statutes. [12] The evidence was that students are not expected to be paid while on placement although that was possible. The Reviewer said that to interpret “pecuniary gain” so wi...

7. [2023] NZIACDT 21 – WN v Lawlor (26 June 2023) [pdf, 140 KB]

   ...for himself and his partner. Mr Lawlor successfully obtained residence for the complainant, but then the latter withdrew instructions for the partner’s residence visa. He sought the return of original documents and a refund, but despite repeated requests Mr Lawlor failed to do so. [2] A complaint by the complainant against Mr Lawlor to the Immigration Advisers Authority (the Authority) has been referred by the Registrar of Immigration Advisers (the Registrar) to the Tribunal. It i...

8. [2022] NZIACDT 13 – BU v McCarthy (20 June 2022) [pdf, 108 KB]

   ...Complainant: Self-represented Adviser: No appearance 2 INTRODUCTION [1] The complainant, BU, engaged Christopher Mark McCarthy to assist her daughter-in-law, MT, who was in New Zealand unlawfully. Mr McCarthy took money to make a s 61 request for her and represented that such an application had been made, but in fact he did not do so. [2] A complaint made to the Immigration Advisers Authority (the Authority) was referred by the Registrar of Immigration Advisers (the...

9. Spring v The Real Estate Agents Authority (CAC 308 & CAC 403) & Buczkowski [2017] NZREADT 82 [pdf, 325 KB]

   ...to try and collect the deposit money as quickly as possible. The Tribunal do not consider that it was, or could be, professional misconduct to present a cheque as the agents act for the vendors, not the purchaser. Accordingly, Mr Wallwork’s requests not to present the cheque were contrary to the Licensee’s duty to Mr Spring and Ms Norris. [37] In any event, the contract was not cancelled until some months after this event when a further contract was negotiated at a lower pric...

10. [2021] NZACC 104 - A v ACC (16 July 2021) [pdf, 309 KB]

    ...and the lack of research on CRM as a treatment modality. On 15 June 2020 “A’s” wife received an email from ACC saying that the psychology advisor had agreed ACC could backdate funding for “A’s” sessions from the date of the initial request of 5/05/20. (“A” had actually made a request on 27 April 2020.) [16] On 30 June 2020 ACCs Technical Advisor concluded in an internal memorandum that the Accident Compensation Act 2001 (‘the Act’) did not permit A...