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...considered that Mr NH acted in accordance with Mr BG’s instructions and had no concerns about his competence. [19] Mr NH initially sought diversion for Mr BG because the amount involved in the theft was small ($180.72). The Committee noted:7 This request was rejected by the police prosecutor. Mr BG subsequently pleaded guilty and Mr NH advised that, on instruction, he applied for a discharge without conviction. 4 Complaint form (2...
...together with Immigration NZ’s fee, was received on 29 May 2023 (a total of $6,250). [8] The agency’s file record states that someone, presumably Mr Tran, “met” with the client and her mother on 9 June 2023 to discuss the application.1 The form of this 1 Documents Included in Client File (undated); BoD at 012. 3 meeting is not known. The client is understood to have remained in Vietnam at all relevant times. [9] On 10 June 2023, Mr Tran emailed to the client’s mo...
...primary focus must be on the terms of the agreement. If their meaning and purpose is plain, that should be given effect, subject only to compliance with any applicable statute. [19] The meaning of a contract is to be determined as at the time it is formed. In this case, both employment agreements were concluded while the Holidays Act 1981 was in force and the Holidays Act 2003 was not in contemplation. This was expressly acknowledged in the agreements where the annual leave entit...
...mitigating features which could be put forward for the practitioner. Submissions for the practitioner [17] It was the strong submission of Ms Davenport QC that his recent instruction of counsel and recent compliance with the orders which had formed the basis of the misconduct provided some confidence that Mr Hong had changed his attitude. [18] Ms Davenport submitted that the misconduct did not “engage wider public safety interests”. While accepting that the behaviour was repr...
...non-parties. 3 [11] The Committee recorded its reasoning, including its assumption that the mediation process itself would be confidential, but that the Settlement Agreement contained no provision limiting publication of it. The Committee formed the view that Mr RO had no contractual obligation of confidentiality arising from the mediation agreement or the settlement agreement, and determined that aspect of the complaint on that basis. [12] It also considered whether Mr R...
...Failed to provide a refund that was due pursuant to the Code of Conduct. [3] In essence, the complaint is founded on the grounds that: [3.1] The adviser accepted instructions to apply for a residence visa without giving adequate advice so that informed instructions could be taken; and [3.2] The adviser refused to provide a refund when the complainant ascertained that her circumstances presented difficulties in proceeding to migrate to New Zealand under the proposed visa category. [4...
...of interest was duly filed with Immigration New Zealand. There was further contact between the client and the employees in putting together a residence application, which was filed on 17 November 2014. Ms Ho was identified on the application form as the person who was providing immigration advice. Again, there followed communications between the client and the employees. 1 Registrar of Immigration Advisers v Ho [2019] NZIACDT 54....
...as soon as possible and if a rehearing is 2 440 Aotea MB 298 (440 AOT 298). 442 Aotea MB 72 granted, I will have the matter set down in the next available court at Whanganui, or as a special hearing if required. If a rehearing is not requested, I can confirm that the papers filed by Ms McDonald on 14 November 2021 and distributed to the parties pursuant to those directions, will be placed on the court file. [6] Subsequently, the applicant, Ms McDonald, filed a formal app...
...Authority that certain witness summonses should be issued.2 My judgment also dealt with an application for non-publication of UXK’s name and identifying details. 1 UXK v Talent Propeller Ltd [2022] NZEmpC 101. 2 The determination was in the form of two documents described as “Minutes”. [2] I reserved costs. I recorded the Court had been told UXK was legally aided for the purposes of the challenge. The parties were invited to discuss the issues but, if these...
...property acquisition. As negotiations advanced, only $100,000 was required for the deposit. In accordance with his authority, Mr McDonnell paid that $100,000 to the property owner from the funds provided by the financier. [4] The developer requested Mr McDonnell to pay the remaining $25,000 directly to the developer for an engineer’s report and Council charges. Mr McDonnell did so without authority from the financier who had no knowledge of this disbursement. [5] For this hea...