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1. Wentzel v Collie [2012] NZWHT Auckland 15 [pdf, 250 KB]

   ...NZS 3604: 1999 ................................................................. 23 Ground Clearances ..................................................................................... 24 WHAT IS THE CORRECT INTERPRETATION OF THE VENDOR WARRANTY CLAUSE IN THE AGREEMENT? ............................................. 25 DID MS COLLIE BREACH THE VENDOR WARRANTY? ............................. 29 Knowledge of the Parties ........................................................................

2. [2019] NZEmpC 132 Chief Executive of Manukau Institute of Technology v Zivaljevic [pdf, 300 KB]

   ...generally, was not clear and was “rather deceiving”. [55] The points he makes are: (a) Sub-clause 15.1 says the employee “may” use this procedure, which made Mr Zivaljevic think that the procedure was optional. (b) Sub-clauses 15.3 and 15.4 referred incorrectly to clauses 14.2 and 14.3, which made clause 15.0 difficult to understand. (c) Sub-clause 15.3 referred to a meeting arranged by the Director, People and Culture, and yet none was ever arranged by Mr...

3. Khan v Khetarpal [2015] NZIACDT 45 (24 April 2015) [pdf, 104 KB]

   ...and he insisted on lodging the expression of interest regardless. [9] The Registrar identified potential infringement of professional standards during the course of Ms Khetarpal’s engagement, the allegations were: [9.1] Ms Khetarpal breached clause 1.1(a) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). It required her to perform her services with due care, diligence, respect and professionalism. The circumstances were: [9.1.1] Ms Khetarpal assessed the hus...

4. Dekker v Standing [2013] NZIACDT 50 (12 August 2013) [pdf, 81 KB]

   BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2013] NZIACDT 50 Reference No: IACDT 021/13 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN Priscilla Busisiwe Dekker Complainant AND Glen William Standing Adviser DECISION REPRESENTATION: Registrar: In person

5. NI & SL Ltd v AI [2024] NZDT 334 (18 April 2024) [pdf, 142 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 334 APPLICANT (Counter-claim Respondent) SECOND APPLICANT NI SL Ltd RESPONDENT (Counter-claim Applicant) AI The Tribunal orders: 1. AI is to pay SL Ltd $5000.00 on or before Thursday 9 May 2024. 2. The counter-claim is dismissed. Reasons: 1. AI (the seller) advertised her dairy for sale with an asking pr

6. Chaiyapoom v Hu [2014] NZIACDT 78 (09 September 2014) [pdf, 143 KB]

   ...course of that relationship. [6] The Tribunal has found Mr Hu did have a client relationship, the misappropriation occurred in the course of it, and Mr Hu was responsible for the funds which he has failed to account for. Accordingly, he breached clauses 1.1(a), 1.5(d) and 3 of the Code of Conduct 2010 (the Code). The Tribunal has dismissed an allegation he breached clause 4(c). The Complaint [7] The background for the complaint is set out in the Supplementary Statement of Complaint:...

7. Wider-stakeholders-feedback-summary.pdf [pdf, 199 KB]

   ...https://www.justice.govt.nz/assets/Documents/Publications/Summary-of-written-feedback-Government-relations-consultants.pdf https://www.justice.govt.nz/assets/Documents/Publications/Summary-of-written-feedback-Government-relations-consultants.pdf 2 8. Some submitters commented on specific clauses of the draft code, which are also set out from paragraph 25. Themes from submissions The effectiveness of a voluntary code 9. Most submitters said the draft code is too weak, with some...

8. [2008] NZEmpC AC 22/08 NZ Amalgamated Engineering Printing and Manufacturing Union v Marley NZ Ltd [pdf, 80 KB]

   NZ AEPMU V MARLEY NZ LTD AK AC 22/08 3 June 2008 IN THE EMPLOYMENT COURT AUCKLAND AC 22/08 ARC 45/07 IN THE MATTER OF a point of law challenge to a determination of the Employment Relations Authority BETWEEN NZ AMALGAMATED ENGINEERING PRINTING & MANUFACTURING UNION Plaintiff AND MARLEY NEW ZEALAND LIMITED Defendant Hearing: 8 April 2008 Supplementary submissions received on 10 and 16 April 2008 (Heard at Auckland) Appearances: J A Wilton, c

9. BORA Land Transport Amendment Bill [pdf, 127 KB]

   ...Impoundment Provisions 5. The Bill sets out a proposed extension of impoundment powers in two situations: • Where a person is convicted of a second or subsequent offence of carrying on any transport service without the appropriate current licence (clause 79A) • Where an officer believes on reasonable grounds that a person drove the vehicle on a road and the person had : o Breath or blood alcohol in excess of prescribed limits or failed or refused to undergo a blood test havin...

10. [2023] NZEnvC 081 Nga Kaitiaki o Te Awa a Ngaruroro [pdf, 1.9 MB]

    ...Ngaruroro [11] Ms Mauger filed a memorandum in response to Forest and Bird’s draft order. Ngā Kaitiaki remain opposed to any order. Their comments appear to be raising substantive issues. In brief they are: (a) concern about the reference in clause 12.1 of the Order to Kawenata – that as they are reviewed every 25 years, it is not for the Court to “impress an instrument of perpetuity” upon the rights and interests of Māori landowners, iwi and hapu. Further, there...