Search Results

1. I v J [2016] NZIACDT 15 (24 March 2016) [pdf, 110 KB]

   ...fee was $100, when it was in fact $4,500 (subject to GST and disbursements). [16.1.2] Mr J withheld documents from the Registrar in an attempt to mislead her regarding the true fee, and his failure to refund the true amount. [16.2] Mr J breached clauses 1.5(e) and 3(c) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). The provisions required him to record and agree in writing changes to the terms of an agreement, and any increase in fees. The circumstances were...

2. Singh v Devi [2011] NZIACDT 22 (7 July 2011) [pdf, 103 KB]

   ...incompetence amounting to a breach of section 44(2) of the Act. The Code of Conduct developed pursuant to section 37 of the Act (published www.iaa.govt.nz) is also material. Section 44(2) makes a breach of the Code grounds for upholding a complaint. [3] Clause 1 of the Code requires a licensed immigration adviser to, with due care, diligence, respect and professionalism, perform his or her services, act on proper instructions, and pursue their clients’ interests. That clause also requi...

3. [2021] NZEmpC 228 Butt v Attorney-General [pdf, 252 KB]

   ...the usual confidentiality that applies to discussions in a judicial settlement conference does not apply. See further Butt v Attorney-General [2021] NZEmpC 156. [12] An initial draft of the Record of Settlement included the following clause:3 Back Up Carer and Carer Vacancy a. the Ministry of Health will provide a letter of support by Friday 29 August 2020 to Access Health Care Chief Executive Officer Ms Alyson Van [Wyk] to convene a meeting with Mr Royd and Mrs Sushi...

4. QD v KI [2024] NZDT 147 (17 April 2024) [pdf, 129 KB]

   ...default, QD now claims the nominated sum of $19,767.00. This sum comprises: a. $18,200.00, the balance of the principal sum still outstanding; and b. $1,567.10 being default interest (calculated to the date of filing of the claim) due under clause 3.3 of the Deed; and c. unspecified additional sums for distress damages and debt recovery costs. 3. KI says she is prepared to acknowledge she owes QD $3,200.00. She has not made further payments however because: a. she was...

5. Solomon - Manukau Lands Trust (2018) 51 Te Waipounamu MB 40 (51 TWP 40) [pdf, 204 KB]

   ...trust order sets out a process that involves all the beneficiaries of the trust. [16] The trust order is the original order declared in 1991 pursuant to s 438 of the Māori Affairs Act 1958, when the blocks were first vested in trustees.4 [17] Clause 8 of the trust order requires trustees to call a general meeting of the beneficiaries at least once every three years. Beneficiaries are required to be given 14 days’ notice per clause 10 and clause 9 states that the business of a me...

6. [2023] NZEnvC 153 Argosy Property No.1 Limited v Auckland Council [pdf, 287 KB]

   Argosy Property No.1 Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 153 IN THE MATTER OF an appeal under clause 14 of Schedule 1 the Resource Management Act 1991 BETWEEN ARGOSY PROPERTY NO.1 LIMITED (ENV-2023-AKL-000031) Appellant AND AUCKLAND COUNCIL Respondent AND NORTH EASTERN INVESTMENTS LIMITED Applicant Court: Environment Judge MJL Dickey sitting alone under s...

7. [2016] NZEmpC 161 NZ Airline Pilots Assoc Inc v Air NZ Ltd [pdf, 234 KB]

   ...context and the clear juxtaposition with the voluntary downtraining arrangement which was in motion at the time. The reference to cl 12.1.11 in the earlier letter calling for expressions of interest for voluntary downtraining underscores the point. Clause 12.1.11 provides that: Nothing contained in this section shall detract from the Company’s right to direct a pilot to any position appropriate to his seniority that the Company considers suitable. However such sole discretion...

8. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

   ...assisted to achieve. (3) Instructions — term of settlement agreement [16] Ms AB claimed that, contrary to her instructions to Mr CD, he did not include in his amended draft of the settlement agreement received from the vendors’ counsel “a clause requiring substantiation of expenses” for renovations to the property. (4) Legal fees [17] Ms AB requested a review of Mr CD’s legal fees charged to her in the matter. Response [18] Mr CD did not provide comments to the Lawye...

9. [2009] NZEmpC AC 49/09 Norske Skog Tasman Ltd v Manufacturing and Construction Workers Union & Anor [pdf, 135 KB]

   ...NORSKE SKOG TASMAN LIMITED Plaintiff AND MANUFACTURING & CONSTRUCTION WORKERS UNION INC First Defendant AND BRIAN BOYLEN Second Defendant Hearing: 28 May 2009 (Heard at Auckland) with additional written submissions filed on 8 and 15 June 2009 Court: Chief Judge G L Colgan Judge B S Travis Judge A A Couch Appearances: Richard McIlraith and Kylie Dunn, Counsel for Plaintiff Kathryn Beck and Karen Jones, Counsel for Defendants Judgment: 9 December 2009

10. BORA Ngāti Koroki Kahukura Settlement Bill [pdf, 198 KB]

    ...those claims are in comparable circumstances to the recipients of the entitlements under the Bill. No differential treatment for the purpose of s 19 therefore arises by excluding others from the entitlements conferred under the Bill. Privative Clause 4. The Bill provides in clause 15 that the settlement of the historical claims is final and excludes the jurisdiction of the Courts, the Tribunal and other judicial bodies from considering the settlement and historical claims, other tha...