Search Results

1. Gupta v Dhar [2016] NZIACDT 65 (4 October 2016) [pdf, 208 KB]

   ...complainant’s residence application as she provided false or misleading information. [6] The Registrar set out the grounds of complaint arising from Mr Dhar’s engagement with the complainant. The first ground is: [6.1] An alleged breach of clause 18(a) of the Licensed Immigration Advisers Code of Conduct 2014 (the 2014 Code). [6.2] The provision relates to the obligation to provide a client with a written agreement. [6.3] The particulars identify that the complainant was a cli...

2. BORA Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Bill [pdf, 368 KB]

   ...3. The Bill provides for a person to be granted permanent excusal from jury service when because of the person’s disability or state of health he or she is unable to satisfactorily perform a juror’s duties or when he or she is 65 years or over (clause 10). [1] 4. A prima facie limit on s 19 of the Bill of Rights Act arises if there is differential treatment or effects on the basis of a prohibited ground, that has an impact that is discriminatory in that it perpetuates historical disa...

3. [2010] NZEmpc 111 Smith v Stokes Valley Pharmacy (2009) Limited [pdf, 126 KB]

   ...dismissal. (3) Employee means an employee who has not been previously employed by the employer. (4) Employer means an employer who, at the beginning of the day on which the employment agreement is entered into, employs fewer than 20 employees. (5) To avoid doubt, a trial provision may be included in an employment agreement under— (a) section 61(1)(a), but subject to section 61(1)(b): (b) section 63(2)(b). 67B Effect of trial provision under section 67A (1) This section applie...

4. McGeorge v Standing [2012] NZIACDT 48 (30 August 2012) [pdf, 124 KB]

   ...involved. [73] Accordingly, this aspect of the complaint must be upheld. Mr Standing’s behaviour was both misleading and dishonest, and accordingly grounds for complaint under section 44(2)(d) of the Act. It was also in breach of the Code of Conduct (clauses 1 and 5), which is also grounds for complaint pursuant to section 44(2)(e) of the Act. Demanding and retaining excess fees [74] I am satisfied Mr Standing did not provide professional services that reflected the fees he demand...

5. Hewitt v Standing [2012] NZIACDT 50 (30 August 2012) [pdf, 126 KB]

   ...fee. [70] Accordingly, this aspect of the complaint must be upheld. Mr Standing’s behaviour was both misleading and dishonest, and accordingly grounds for complaint under section 44(2)(d) of the Act. It was also in breach of the Code of Conduct (Clauses 1 and 5 of the Code), which is also grounds for complaint pursuant to section 44(2)(e) of the Act. Demanding and retaining excess fees [71] I am satisfied Mr Standing did not provide professional services that reflected the fees and...

6. BORA Immigration Amendment Bill (No.2) [pdf, 106 KB]

   ...principal applicant has an offer of "relevant" employment or has been issued with a work visa). The Bill provides that application fees must be returned where an application is lapsed, but that no associated costs are recoverable (Part 2, Clauses 5 and 6). ISSUES OF CONSISTENCY WITH THE BILL OF RIGHTS ACT 4. As the Bill sets out a new procedure under which applications for visas and permits may be considered, we have considered whether the provisions of the Bill are cons...

7. KQ v Accident Compensation Corporation (Independence Allowance) [2025] NZACC 050 [pdf, 159 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2025] NZACC 050 ACAR 178/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN KQ Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 24 March 2025 Held at: Wellington/Te Whanganui-a-Tara by AVL Appearances: A Rayner for the Appellant, who also attended with his sister F Becroft

8. BORA Misuse of Drugs Amendment Bill [pdf, 171 KB]

   Misuse of Drugs Amendment Bill 2004 24 August 2004 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: Misuse of Drugs Amendment Bill 2004 (PCO 5726/13) Our Ref: ATT114/1298(2) 1. We have considered the above Bill for consistency with the New Zealand Bill of Rights Act 1990 ("NZBORA"). We advise that the Bill appears to be consistent with the NZBORA, for the reasons set out fully below. Key Provisions of the Bill 2. The Bill am

9. ENVC Hearing 6Oct14 WML rebuttal Mark Poynter [pdf, 1.2 MB]

   ...focuses on the matters that remain in contention between the ecological witnesses following the conferencing and issue of the Joint Witness Statement – Coastal Ecology and Antifouling dated 27 August 2014 (“JWS”). Joint Witness Statement 5. The JWS signed by Auckland Council staff (Dr Kala Sivaguru and Mr Marcus Cameron) and by Mr Stephen White (for Direction Matiatia Incorporated) and by Mark Poynter (for Waiheke Marinas Ltd) noted that there was broad agreement between t...

10. WQ Ltd v ND Ltd [2020] NZDT 1323 (10 November 2020) [pdf, 152 KB]

    ...Conditions of Sub-Contract for Commercial Construction (New Zealand). WQ say they didn’t get these terms. ND says the terms in the additional contract terms was one of the reasons why the outstanding invoices have not been paid. 12. They point to clauses 1.3(b) and 13.5 saying those clauses in the additional contract terms required WQ to provide timesheets and because WQ did not supply the timesheets they were not paying. 13. Clause 1.3(b) says: …where the Sub Contractor ca...