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Search results for clause 5.

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  1. Balatbat v Sparks [2016] NZIACDT 27 [pdf, 254 KB]

    ...specific allegations of Mr Sparks’ breaches of the 2010 Code [53] The specific allegations against Mr Sparks which the Registrar advanced were that he breached his professional duties in that he: [53.1] failed to obtain informed instructions (Clauses 1.1(a) and (b) of the 2010 Code). 12 [53.2] failed to ensure that his client relationship was initiated in accordance with the Code, including by failing to take personal responsibility for ensuring that the written agr...

  2. NT v ND & Ors [2023] NZDT 751 (19 December 2023) [pdf, 182 KB]

    ...alone, that there was a representation to this effect to NT. 25. Even if I am wrong on this point, and the pictures in the promotional material are a representation about the type of cladding that would be on the finished townhouse, I consider that clause 34 of the agreement for sale and purchase means that NT cannot now claim that she relied on that representation when deciding to enter into the contract. CI0301_CIV_DCDT_Order Page 4 of 7 26. Clause 34 of the contract provide...

  3. Finau v Tangilanu [2014] NZIACDT 50 (15 April 2014) [pdf, 110 KB]

    BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2014] NZIACDT 50 Reference No: IACDT 015/13 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN Lilio Finau Complainant AND Alungamonu (Laki) Tangilanu (Monu) Adviser DECISION REPRESENTATION: Registrar: In person

  4. BORA Organic Products Bill [pdf, 184 KB]

    ...other prescribed person in certain situations. They mostly apply to the operator or recognised entity. These provisions are necessary to ensure efficient and effective regulation of businesses who make organic claims and are clearly justified. 10. Clause 8 of the Bill restricts a person from describing a product as an “organic” product, if there is an organic standard that relates to the product, unless the product complies with the standard. A product is described as organic if its...

  5. 2022-02-16 ORC - MOC - re omission from PC1 (Chapter 6 ) & PC8 (Primary Sector provisions) decisions [pdf, 140 KB]

    ...under section 149T of the RMA BETWEEN OTAGO REGIONAL COUNCIL Applicant MEMORANDUM OF COUNSEL ON BEHALF OF THE OTAGO REGIONAL COUNCIL PLAN CHANGE 8 - PRIMARY SECTOR PROVISIONS AND PLAN CHANGE 1 - CHAPTER 6 DUST SUPPRESSANTS 15 February 2022 Applicant's Solicitor PO Box 4341 CHRISTCHURCH 8140 DX WX11179 Tel +64 3 379 7622 Fax +64 3 379 2467 Solicitor: L F de Latour / M A Mehlhopt (lucy.delatour@wynnwilliams.co.nz / michelle.mehlhopt@wy...

  6. Chowdhury v Standing [2012] NZIACDT 57 (30 August 2012) [pdf, 133 KB]

    ...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 [32] The Licensed Immigration Advisers Code of Conduct (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...

  7. BORA Smoke-free Environments (Controls and Enforcement) Amendment Bill [pdf, 338 KB]

    ...LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: SMOKE-FREE ENVIRONMENTS (CONTROLS AND ENFORCEMENT) AMENDMENT BILL 1. We have considered whether the Smoke-free Environments (Controls and Enforcement) Amendment Bill (PCO 14886/1.5) (“the Bill”) is consistent with the New Zealand Bill of Rights Act 1990 (“the Bill of Rights Act”). We understand that the Bill is likely to be considered by Cabinet at its meeting on Monday, 6 December 2010. 2. We have concluded...

  8. KC v BS [2019] NZDT 1399 (17 May 2019) [pdf, 134 KB]

    ...since been paid to the Local Council and some of which is not yet due. 4. The issues to determine are: • Was the S Programme information disclosed to KC prior to the contract being formed? • Is BS in breach of the vendor’s warranty at clause 6.2(3) of the sale and purchase agreement? • Is BS in breach of the vendor’s warranty at clause 6.1(1) of the sale and purchase agreement? Was the S Programme information disclosed to KC prior to the contract being formed? 5...

  9. VC v HL & BL [2025] NZDT 32 (7 February 2025) [pdf, 180 KB]

    ...Particulars & Conditions of Sale” (with a variation that is not relevant to the claim). Those terms provided that, “subject to the reserve price being met, the highest bidder whose bid is accepted by the auctioneer shall be the purchaser” (clause 2.1). 9. The vendors stated in their submissions that they did not understand the documents they signed regarding the auction. However, parties are generally responsible to read and understand the documents they sign, and are bound by...

  10. [2023] NZSSAA 7 (30 March 2023) [pdf, 260 KB]

    ...special assistance programmes such as the Special Needs Grant Programme. [11.3] Similar to all special assistance programmes the Ministry has a discretion in extreme circumstances to grant DES for more than the allowance period specified in clause 9(2) of the Home Help Programme. [11.4] The purpose of the timeframes provided for in the Home Help Programme is to give an allowance period, so assistance is not granted indefinitely. Like main benefit rates the rate of home help i...