Search Results

1. Harvey v Standing [2012] NZIACDT 58 (30 August 2012) [pdf, 124 KB]

   ...refunded fees when services have not been provided, that would potentially be regarded as material when determining the present complaint, subject to any submissions on the point. Request for further information from Mr Standing [25] The Code (clause 3) requires Mr Standing to maintain complete client records for seven years, and confirm in writing the details of material discussions with clients. Accordingly, he should be in a position to present a fully documented record of the profe...

2. Y v Secretary for Justice [2023] NZRA 005 (17 May 2023) [pdf, 143 KB]

   ...event that anything raised in the Applicant’s email provides any basis for re-opening the decision given on 12 April 2023. [3] The Applicant submits that the Secretary’s late decision to concede that the Applicant met the requirements of clause 5(b) of the Schedule was a “game changer”, and that the Secretary should have been invited to make further submissions following that concession. I see nothing in this submission. A party’s concession on one of a number of iss...

3. XH v T Ltd [2024] NZDT 410 (2 May 2024) [pdf, 199 KB]

   ...upfront deposit of $2,000.00 and the parties agreed the carpet would be laid on 27 November 2023. 2. In the event the contract did not proceed and XH claims $2,000.00 being a refund of his deposit. 3. The issues to be resolved are: a. Is clause 3.5 a penalty clause and therefore unenforceable? b. What is a just and practicable outcome to the contract having been cancelled? Is clause 3.5 a penalty clause and therefore unenforceable? 4. The relevant law is the law of contrac...

4. Talanoa v Tangilanu [2015] NZIACDT 40 (15 April 2015) [pdf, 84 KB]

   BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2015] NZIACDT 40 Reference No: IACDT 015/14 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN Ilaisaane Talanoa Complainant AND Alungamonu (Laki) Tangilanu (Monu) Adviser DECISION REPRESENTATION: Registrar: In person.

5. [2014] NZEmpC 74 NZ Aluminimum Smelters Ltd v Weller Ors [pdf, 111 KB]

   ...contract specified the roster initially applicable to the employee but provided that “rosters may be varied to suit the needs of the business.” [10] Annual holidays and statutory holidays2 ANNUAL LEAVE were provided for in the following clause: The basic annual leave provision for monthly paid staff on daywork is at the rate of four weeks per annum which becomes due each year on the anniversary of your date of appointment. This leave must be taken in the twelve months after i...

6. Mhatre v Gokhale [2017] NZIACDT 13 (29 August 2017) [pdf, 130 KB]

   ...it did not include a copy of the post-study work visa application or the partnership-based temporary visa application. [2] Based on those facts the Registrar identified the following potential grounds for complaint: Negligence, or breach of Clauses 1 and 26(b) of the Code of Conduct 2014. [2.1] Negligence is a ground for complaint under section 44 of the Immigration Advisers Licensing Act 2007 (“the Act”). Clause 1 of the Licensed Immigration Advisers Code of Conduct 2014...

7. GF v UH LCRO 178 / 2011 (2 November 2011) [pdf, 62 KB]

   ...application after being informed that the estate did not qualify for the lump sum payment as GG had not made a claim prior his to death. [7] The Practitioner forwarded the Standards Committee a copy of the Mediated Agreement. He referred to clause 6 as evidence of the Applicant‟s agreement to the withdrawal of the ACC review. This provided that advice about withdrawing that application was to be made by a certain date. The Practitioner explained that this time frame was agree...

8. IZ v SB LCRO 187 / 2011 (19 March 2012) [pdf, 59 KB]

   ...to the registered proprietor. [6] However, in the event the Practitioner prepared a new Sale and Purchase Agreement between the Applicant and F’s company with an offer to purchase the property for $540,000. This contract included a special clause 15.0 that provided a rental guarantee by the vendor for a period of up to six months. The Agreement was sent through to the Applicant on 30 June for signature, who returned it signed that same day to the Practitioner’s office. [7...

9. [2024] NZEnvC 018 Hughes Developments Ltd v Waikato District Council [pdf, 466 KB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 018 IN THE MATTER OF an appeal under clause 14 of Schedule 1 to the Resource Management Act 1991 BETWEEN HUGHES DEVELOPMENTS LIMITED (ENV-2022-AKL-071) Appellant AND WAIKATO DISTRICT COUNCIL Respondent Court: Environment Judge S M Tepania sitting alone under s 279 of the Act Last case event: 23 November 2023 Date of Decision: 19 February 2024 Date of Issue: 19...

10. J. Kim v K. E. H. Kim [2016] NZIACDT 32 (22 June 2016) [pdf, 172 KB]

    ...Immigration New Zealand’s queries. However, Ms Kim told her that she had no responsibility to show her the letter. [7] The Registrar identified six potential grounds for complaint. The allegations were that potentially: [7.1] Ms Kim breached clauses 1.5(b), and 3 of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code), as she did not have an agreement containing a full description of the services she was to provide, and did not maintain professional business practic...