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1. CAC407 v Towers [2016] NZREADT 24 [pdf, 142 KB]

   ...does provide an explanation for what would otherwise be regarded as inappropriate conduct. [16] We do not regard his hostile comments to the Real Estate Agents Authority as adding to his conduct so as to make it disgraceful conduct. These comments form part of the particulars of the charge but the Tribunal do not consider that being unconciliatory in a conversation with the REAA investigator could fairly be added to earlier conduct so as to elevate the conduct to disgraceful conduct in...

2. [2016] NZSSAA 70 (11 July 2016) [pdf, 97 KB]

   ...the Netherlands. The appellant says that any payments he received from Work and Income were received in good faith knowing that he had informed Centrelink of his intentions in a timely manner. The appellant has repaid the $1,056.50 owing but he requests that it be refunded to him. He says 7 that he was not informed of the provisions of s 86(9A) of the Act which would have enabled him to contest the decision to recover the debt. The appellant says that he has been losi...

3. SR v ITH [2012] NZIACDT 9 (16 March 2012) [pdf, 104 KB]

   ...discretion under that section. [18.4] He provided Ms SR with copies of correspondence, as well as having various consultations with her. [18.5] Ms SR was not removed from New Zealand while the complaint to the Ombudsmen was being processed. Mr ITH requested removal be deferred. Deferral was consistent with Immigration New Zealand accepting the complaint was reasonably pursued. [18.6] Mr ITH became aware another adviser had been instructed and he made an appointment for Ms SR to uplif...

4. Monschau - Tahorakuri No.1 Section 33 A2 (2018) 189 Waiariki MB 117 (189 WAR 117) [pdf, 298 KB]

   ...Kathleen Bamber.14 In the circumstances, I consider it expedient that the two applications for review be heard together including the application for variation of the trust order. Direction regarding financial statements [37] I note the trustees request for directions regarding the completion of financial statements for the trust. As submitted, the trustees are still investigating the cost of completing financial statements for the trust dating back to 2011. [38] The trust was...

5. Kupa v Kupa - Lot 10H and 101 Pt Omahu 2C1C (2020) 85 Takitimu MB 189 (85 TKT 189) [pdf, 251 KB]

   ...cross-examination, there is nothing before the Court to confirm that the gift was temporary and that it was always intended the shares would be returned by Mr Kupa Senior and Willem Kupa to Mr Kupa. [22] In any event, I do not see how the alleged request made by Mr Kupa (Senior) is fair or reasonable in the circumstances. It would be unfortunate if the claims made by Willem Kupa are correct, that Mr Kupa (Senior) now seeks to in effect barter with his son over what had intended t...

6. LCRO 111/2015 UA v VB (12 May 2017) [pdf, 259 KB]

   ...complaints to those of Mr UA. There has been no application for review of the Standards Committee determination of her complaint. 2 [4] In his application for review Mr UA poses five questions and the outcome of the review sought by him requests answers to those questions. They will be answered only to the extent they are relevant to this review. [5] In addition, Mr UA seeks as an outcome of the review that he be required to pay Mr VB’s costs only if an application made...

7. Rautahi - Kaitoki 2C2B (2004) 178 Napier MB 26 (178 NA 26) [pdf, 1.8 MB]

   ...filed an application pursuant to section 133/93 to change the status of Kaitoki 2C2B from general land to Maori freehold land. 2. The application came before the Court on 7 May 2004 (176 NA 75) and 2 July 2004 (176 NA 239), but was adjourned at the request of Mr Poole, one of the trustees of the Hirai Matene Rautahi estate, in order for the residuary beneficiaries to be notified. 3. The matter was heard again on 6 August 2004 (177 NA 132). Mr Coleman attended representing Mr Poole, wh...

8. [2019] NZEnvC 162 Linnell v Hastings District Council [pdf, 378 KB]

   ...from making reference to a proposed alternative access road to be consented and constructed by the Hawkes Bay Regional Council. 23 [26] Mr Brabant submitted that a proposed alternative access road being pursued by the Regional Council does not form a part of the consent He submitted that the appeal may have been withdrawn in the expectation that the Regional Council would construct its own access to the gravel extraction and processing site, but RRL in engaging its expert witnesse...

9. INZ (Calder) v Horan [2019] NZIACDT 23 (23 April 2019) [pdf, 163 KB]

   ...INTRODUCTION [1] The Tribunal upheld the complaint against Mr Horan in Immigration New Zealand (Calder) v Horan [2019] NZIACDT 13. [2] Mr Horan was found to have communicated with Immigration New Zealand in an unprofessional way, withheld information from one of his clients and copied correspondence concerning his clients to people unconnected to the immigration applications. Such conduct was in breach of various provisions of the Code of Conduct 2014 (the Code). BACKGROUND...

10. Motu v Rapihana - Pukepoto 8B15B3B Residue (2022) 256 Taitokerau MB 150 (256 TTK 150) [pdf, 242 KB]

    ...evidence is that the fencer then advised the Trust chairperson that he could no longer do the job due to the aggravation received from Mr Rapihana and safety concerns. [14] Therefore the Trust filed an application for an interim injunction. They request to have their boundaries defined, would like orders that Mr Rapihana stop work on the erection of his house until those boundaries are defined and point out that Mr Rapihana has refused to engage in a positive way to resolve the iss...