Search Results

1. Firm undertaking form [pdf, 954 KB]

   ...Secretary, the Firm will make available for assessment, Examination or Audit the files and information in clause 2 of this undertaking and any other information the Secretary is entitled to assess, Examine or Audit under the Legal Services Act 2011 5. the Firm will take all reasonable steps to protect the interests of the Commissioner under a charge, including not doing or permitting anything that would or might effect the transfer of the property without the charge being satisfied 6. the Fir...

2. LCRO 22/2019 HT v MK (29 May 2020) [pdf, 326 KB]

   ...told (by email) Mr HT he would update Mr HT and DOT concerning outstanding fees.4 He said he was “working on [BEG’s] consulting agreement” for the provision of services to DOT and “the other conditions to settlement” provided for in clause 3.1 of the share sale agreement. [10] The following day, 1 July 2016, Mr HT informed (by email) Mr MK that Mr MK’s services would not be required to settle the sale. [11] On 4 July, Mr MK provided (by email) Mr HT with the firm’s...

3. Bullent v Standing [2012] NZIACDT 54 (30 August 2012) [pdf, 131 KB]

   ...not refunded fees when services have not been provided, that will potentially be regarded as material when determining the present complaint, subject to any submissions on the point. Request for further information from Mr Standing [35] 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 pr...

4. MBL v Shadforth [2016] NZIACDT 26 (18 May 2016) [pdf, 189 KB]

   ...client of Ms Shadforth (Client B), and may have revealed confidential information about Client B. [9] The Registrar identified potential infringements of professional standards. The allegations are that potentially Ms Shadforth: [9.1] Breached clauses 1.1(a) and 2.1(g) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code), and clause 1 of the Licensed Immigration Advisers Code of Conduct 2014 (the 2014 Code). The breaches potentially occurred as: [9.1.1] Cl...

5. Arndt v Accident Compensation Corporation (Appeal) [2022] NZACC 244 [pdf, 221 KB]

   ...not require an assessment of causation under subsection (1)(b) or (c). [30] Schedule 2 (Occupational diseases) of the Act provides for diseases of a type generally accepted by the medical profession as caused by: lead or its toxic compounds (clause 9), and enzene or its toxic homologues (clause 12). Schedule 2 also provides for primary epitheliomatous cancer of the skin diagnosed as caused by tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products, or residues of...

6. FA & FAA v TZ & TZZ [2017] NZDT 1048 (18 July 2017) [pdf, 90 KB]

   ...parties are not bound by unusual or onerous terms in an unsigned document unless they have been given reasonable notice of those terms. The more unusual or onerous the term, the greater the notice required. The courts have also held that penalty clauses are unenforceable. A provision in a contract will constitute a penalty clause if it is punitive, imposing a penalty for breach that is extravagant or unconscionable having regard to the innocent party’s interest in the contract being...

7. [2007] NZEmpC CC 20/07 O'Flynn v Southland DHB [pdf, 73 KB]

   ...substantive parts of the statement of claim in paragraphs 8 and 15 and the remedies part in paragraph 19.2. Decision [27] Set out below are extracts from the defendant’s application for particulars followed by orders relating to each part. Clause 8 of the statement of claim [28] Clause 8 generally contains allegations that the defendant’s physical facilities and management personnel were inadequate and raised issues of workplace safety. [29] On the basis of the releva...

8. 2021-05-24 NPSFM s32 Evaluation [pdf, 1.9 MB]

   ACTION FOR HEALTHY WATERWAYS Section 32 Evaluation Ministry for the Environment HG PROJECT NO 1020-147658-01 DOCUMENT CONTROL RECORD CLIENT Ministry for the Environment PROJECT Action for healthy waterways HG PROJECT NO. 1020-147658-01 HG DOCUMENT NO. R001v3-AK147658-01-final-22July2020 DOCUMENT Section 32 Evaluation ISSUE RECORD DATE OF ISSUE 22 July 2020 STATUS Final ORIGINATOR Gillian Crowcroft / Glen Cooper / Mary McConnell / A

9. E v Hakaoro [2015] NZIACDT 29 (17 March 2015) [pdf, 138 KB]

   ...she did not; [6.1.4] On the second occasion that she had an offer of employment and a New Zealand partner, when she had neither. [6.1.5] That conduct may have breached the prohibition against dishonest or misleading behaviour under the Act; or clause 5.2 of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). That clause prohibits a licensed immigration adviser knowingly providing false or misleading documentation with a request. [6.1.6] Immigration New Zealand not...

10. [2017] NZEnvC 128 Irvine v Tasman District Council [pdf, 470 KB]

    ...hand in glove) do not exist. It is submitted that the affidavit of Michael Joseph Drummond confirms this. [19] He then points to specific items in Tasman District Council agenda report dated 14 June 2017 (item 8.3) which includes the statements: Clause 5.13 "The level of credit support supplied by the Council and whether the loan is made to WIL or directly to the joint venture (Dam Co) will impact directly on loan costs. [20] I understand Mr McFadden's argument to be that...