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1. Lomu v Tangilanu [2014] NZIACDT 42 (31 March 2014) [pdf, 73 KB]

   ...[4.2] There was no written agreement for the provision of immigration services. [5] The statement of complaint identifies the potential grounds for upholding the complaint, with particulars. The key elements and particulars being: [5.1] A breach of clause 1.1 of the Code of Conduct – obligations relating to care diligence and respect. The particulars are: [5.1.1] The Adviser had instructions to apply for a visa on 4 January 2011, but did not lodge the application. [5.1.2] When her...

2. Ruka - Rangihamama X3A and Omapere Taraire E (2007) 114 Whangarei MB 172 (114 WH 172) [pdf, 6.2 MB]

   ...the primary allegations against the trustees. At the hearing of the injunction application on 31 August 2006 Mr Ruka made three primary allegations. [16] First, he claimed that the trustees had failed to disclose the number of trustee meetings. Clause 23(a) of the trust order obliges the trustees to disclose in the financial statements "particulars of the number of meetings held by trustees". The notes to the financial statements for the year ended 30 June 2005 disclose th...

3. ME v TK [2014] NZIACDT 39 (25 March 2014) [pdf, 95 KB]

   ...the adviser made a formal and unsuccessful complaint about Immigration New Zealand refusing the visa requests. [6.1.6] On 23 December 2011, the adviser lodged a second formal complaint on the same basis, with the same result. [6.2] A breach of Clause 1.5 of the Code of Conduct – obligations relating to written agreements. The particulars are: [6.2.1] The Authority has requested that the adviser provide a copy of a written agreement for the provision of immigration services to the co...

4. BORA Te Roroa Claims Settlement Bill [pdf, 350 KB]

   Te Roroa Claims Settlement Bill 24 January 2007 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: Te Roroa Claims Settlement Bill - PCO 7009/15 Our Ref: ATT395/27 1. I have considered the above Bill for consistency with the New Zealand Bill of Rights Act 1990 ("the Bill of Rights"). I advise that the Bill appears to be consistent with the Bill of Rights. 2. The Bill effects a final settlement of the Te Roroa historical claims (de

5. Ballance Agri-Nutrients Limited [pdf, 887 KB]

   ...submissions on the Plan Change and presented evidence at the Block 1 and 2 hearings. 3. The Appellant is not a trade competitor for the purposes of section 308D of the Act. 4. The Appellant received notice of the decision on the 22nd of April 2020. 5. The decision was made by the Respondent. Parts of the decision that BAN is appealing 6. The Appellant is appealing parts of the decision that relate to: (a) Schedule B – Nitrogen Leaching Loss Rate for Freshwater Management Un...

6. Piper v Real Estate Agents Authority (CAC 408) & Ors [2017] NZREADT 32 [pdf, 239 KB]

   ...underneath the house on the property (“the main sewer line”); [b] put pressure on Ms Hotchin-Davies to lower the reserve 15 minutes before the auction, and then did not inform her until three days later whether it had sold; [c] added a clause (“clause 21”) to the sale agreement, and changed the settlement date, without their knowledge or approval; [d] did not release the deposit for 15 days after the ten day period in which it was required to be paid; and that [e] the...

7. Carley (INZ) v Kim [2015] NZIACDT 47 (7 May 2015) [pdf, 145 KB]

   ...details of informing IC of the result. [5.13.4] A document collection form. [6] The Registrar identified potential infringement of professional standards during the course of Ms Kim’s engagements, the allegations were: [6.1] Ms Kim breached clauses 1 and 2(e) of the 2014 Code. Clause 1 required her to be honest, professional, diligent and respectful; and to conduct herself with due care and in timely manner. Clause 2(e) required her to obtain and carry out the lawful informed instru...

8. Wall v Malone [2010] NZWHT Auckland 21 [pdf, 262 KB]

   ...cavity will cause irrevocable damage to structural elements in the event of leakage and/or the effect of residual moisture. Council cannot be satisfied that the cladding as installed on the above building will meet the functional requirements of Clause E2 External Moisture of the New Zealand Building Code. It was therefore unable to issue a Code Compliance Certificate. Therefore Council is of the opinion that proper weathertightness investigation needs to be undertaken to check...

9. BORA Fisheries Act 1996 Amendment Act Bill (No 2) [pdf, 281 KB]

   ...management stocks and, in practice, alternative approaches are commonly used to establish the TAC. The amendments will enable a TAC to be set, even where the current biomass and the biomass that can produce a MSY cannot be reliably estimated. 5. Clause 4 of the Bill inserts a new subsection (2A) into section 13 of the Act that requires the Minister to set a TAC even in the absence of reliable biomass estimates, and specifies how this is to be done. The Minister must have regard to the i...

10. [2010] NZEmpC 2 National Distribution Union Inc v Capital and Coast District Health Board [pdf, 37 KB]

    ...for the seventh year and succeeding years. [5] The “2007 settlement agreement” was that the parties would seek a ruling of the Employment Relations Authority and the Employment Court as to whether the “additional week” in the remainder of clause 10.2.2 after 1 April 2007 provided a total of 4 or 5 weeks’ annual holidays for long-serving employees. The parties also agreed that if the Court determines this question in the union’s favour it will be unnecessary to alter the...