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1. [2023] NZIACDT 29 - DT v Li (11 December 2023) [pdf, 111 KB]

   ...declined on 13 October 2021. [8] The complainant made a complaint against Ms Li to the Authority on about 30 May 2023. Decision of the Tribunal [9] In its decision on 1 November 2023, the Tribunal found that Ms Li had breached the specified clauses of the Code: (1) Failed to provide the client with an opportunity to review the s 61 requests before lodgement, in breach of cl 1 (obligation of diligence and due care). 1 BT v Li [2023] NZIACDT 27. 3 (2) Failed to indicat...

2. DE v KN [2024] NZDT 890 (11 December 2024) [pdf, 173 KB]

   ...timber. As N Ltd submits, this did not meet the building code and the repair work required consent which was not obtained. 27. In light of the above, I am satisfied that the property has been misrepresented via the disclosure form. Specifically, clause 16.3 states “roof repaired above middle bedroom from leak”. Then, under the heading “Details of Disclosure including Works undertaken”, the form notes that minor cracks in the laundry were repaired after Kaikoura Earthquake. I f...

3. TA v NC & Anor LCRO 207-208 / 2011 (20 December 2012) [pdf, 122 KB]

   ...[2] The brief background is that NB (the Practitioner) acted for the Applicant in relation to pursuing his remedies under a licensing contract which the Applicant considered had been breached. The licensing agreement contained an arbitration clause, and much of the work undertaken by the Practitioner related to enforcing that clause. 2 [3] Before the matter progressed to arbitration, the Practitioner withdrew his services on the basis that the Applicant had not paid the f...

4. 2020-10-16-EPA-PC1-Summary-of-Submissions-Further-Submission-Spreadsheet.xlsx [xlsx, 34 KB]

   ...Airport Limited Support Amend by adding new Policy 7.4.11A as follows: 7.4.11A Avoid the effects of landfills on airports N Y Y FS102 Federated Farmers Oppose Policy 7.4.11 10015 10015.2 Dunedin International Airport Limited Support Amend by adding new clause (b)(v) as follows: … (v) Methods to ensure compatibility with surrounding land uses. N Y Y FS101 Dunedin International Airport Oppose Policy 7.4.11 10015 10015.2 Dunedin International Airport Limited Support Amend by adding new clau...

5. LS v TD LCRO 298/2012 (10 December 2014) [pdf, 82 KB]

   ...daughters, or the survivor of them as trustees or trustee of the [Trust name]. [3] The will was simple and directed that the residue of the Estate after payment of any debts was to be transferred to the [Trust name]. [4] Mrs LS’s mother died on 5 April 2009. Mrs LS and her sister (Ms AG) met with Mr TD the following day. Mrs LS advises that Mr TD informed them they were appointed trustees of the [Trust name] together with the professional trustee Mr RH, 2 the Trust’s...

6. [2024] NZREADT 34 – MY v CAC 2301 & MA (19 September 2024) [pdf, 143 KB]

   ...the owner and her ex-husband entered into a separation and relationship property agreement (the separation agreement). Pursuant to this agreement, the solicitor was appointed by both parties to arrange the sale of the property. The following clauses are relevant:1 … 3.7 The parties agree that the Family Home shall be placed on the open market for sale within 30 days from the date of execution of this agreement. 3.8 [The owner] agrees that [the ex-husband] shall appoint his...

7. [2012] NZEmpC 153 Hayllar v The Goodtime Food Co Ltd [pdf, 265 KB]

   ...normal. He said that he was given a copy of pages 8 and 9 of the drugs policy. In evidence that was not challenged, Mr Hayllar described what happened next: 37. When I got home that night, I read pages 8 & 9 and noted that it stated at clause 7.3 f that, after undergoing a drugs test, I was to be “remove[ed] ... From the employment site on full pay until the test results [were] available.” Prior to work the next day, I phoned Lillian and queried her about this. She adv...

8. Contempt of Court Bill: Approval for Government Supplementary Order Paper [pdf, 1.2 MB]

   ...publicly available at www.legislation.govt.nz. 3a Contempt of Court Bill: Supplementary Order Paper LEG Minute, LEG meeting of 30/07/2019 Released in full. 3b Contempt of Court Bill: Supplementary Order Paper CAB Minute, CAB meeting of 05/08/2019 Released in full. 3c Contempt of Court Bill: Supplementary Order Paper LEG Minute, LEG meeting of 06/08/2019 Part of paragraph 1 has been withheld in accordance with the following section of the OIA: section 9(2)(h)...

9. 2022-02-11 ORC - MOC - in relation to the scope for relief sought by Mr Cocks [pdf, 205 KB]

   ...parties is not, in the Council’s opinion, asking the Court to make changes to PC1 outside the scope of PC1 or the submissions on it. Legal principles relevant to scope 4 In making a decision on PC1, the Environment Court must (relevantly) apply clause 10(1) to (3) of Schedule 1 as if it were a local authority.1 5 Clause 10 of Schedule 1 of the RMA provides for the making of decisions on provisions and matters raised in submissions. In giving its decision on the provisions of...

10. Shrewsbury v Rothesay LCRO 99 / 2009 (13 November 2009) [pdf, 80 KB]

    ...expenditures by Alison prior to the death of the deceased. [20] In respect of the charging of costs in relating to the dealing with this complaint, it was argued that this was permissible under the terms of the will which had a general charging clause. [21] Costs were also sought from Mr Shrewsbury on behalf of Mr Rothesay. Jurisdiction [22] Mr Rothesay has argued that because he was acting as a trustee and executor and not a solicitor his conduct is not subject to the jurisdict...