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...CI0301_CIV_DCDT_Order Page 1 of 6 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 746 APPLICANT DE RESPONDENT FJ The Tribunal orders: 1. FJ is to pay DE $26,810.19 on or before 5 January 2024. 2. The counterclaim is dismissed. Reasons 1. The parties entered into a Contract Milking Agreement from 1 June 2020 to 31 May 2021. A Variable Order Sharemilking Agreement was used because FJ could not access a Contr...
...Farms Ltd. [3] There was no dispute that Silver Fern Farms is a competitor of AFFCO‘s. [4] The plaintiffs entered into individual employment agreements with AFFCO at the time of their appointment. Each agreement contained a restraint of trade clause, in the following identical terms: 9.1 In order to protect the Employer‘s proprietary interests, for three months after the termination of this agreement the Employee agrees not to engage to work for or on behalf of an organisat...
...Moratorium on Water Permits 7. Part 3 of the Bill empowers ECan to impose a moratorium on applications for permits for the taking, use, damming, and diverting of water or the discharge of contaminants or water that would otherwise contravene the RMA. Clause 34(3) provides that ECan must not determine the application for at least six months after the moratorium has ended. We have considered whether the deferral of the determination limits the natural justice rights of existing applican...
...Minute Book Volume 117/153. The Te Hauwai Trust has applied for a variation of the Trust Order. It has submitted a new Trust Order to be substituted for the existing Trust Order which is under Section 438/93. Included in the draft Trust Order is one clause which is disputed by Mr George Searancket an owner in the block. That clause is Clause 18(c)- " Speaking rights will be based on the principles of Whanaungatanga. " I take it from this that anyone who is related to an o...
...this information about the replacement of the wood-burner was never passed on to them by the licensee. [7] On 7 May 2010, the vendors accepted an offer from the complainants to purchase the property. Significantly, in the context of this appeal, clause 18 of the sale and purchase agreement (amended by the vendors in accepting the complainants’ offer as explained below) provided that within 5 days of the date of the agreement the vendors would apply for a certificate of acceptance and...
...CC’s files from [The Firm] and advises she cannot locate a copy of the first draft of the Agreement on the files. [8] Ms BB sent an email to Ms CC on [Date] in which she outlined the terms of the draft. It is apparent this draft included a clause (clause 16) under which Ms CC warranted to complete two items of work before settlement, and to obtain “at her costs a code of compliance in respect of the dwellings situated on the property including but not limited to …”. Ther...
...duty which is legally enforceable. The terms of a contract define the rights and obligations of the parties. 5. The parties agree that they both signed the four Booking Agreements for each of the artists. Each of the agreements included the same clauses. CI0301_CIV_DCDT_Order Page 2 of 4 6. NC of FD Ltd refers to the following relevant clauses 8 Liability and 9 Pay or play. In particular these clauses provide: Clause 8.1 b) provides: The agent may cancel this agreement wit...
...obliged to refund all of the fees he received. The amount he was required to refund was $10,925 (which includes the fees he was to pay to Immigration New Zealand). [60] I uphold the complaint in this respect also. Mr Standing’s breach of the Code (clauses 8 and 3(d)) is a ground for complaint under section 44(2)(e) of the Act. Failing to account for the client funds component was also in breach of the Code, clause 4, although that adds nothing to the dishonest misappropriation of th...
...address, landlord name and expiry date. [9] The company’s focus on tenure, which Mr Orchard refers to as a very important and well understood aspect of Wilson Parking’s operating model, is reflected in the use of carefully crafted termination clauses, allowing for lease termination only under specific circumstances. 1 Clause 20.2. See also cl 31 (trade connections). [10] During Mr Turner’s time with the applicant company, he was responsible for maintaining land...
BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2015] NZIACDT 95 Reference No: IACDT 005/14 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN O J Complainant AND Apurva Khetarpal Adviser No information identifying the complainant is to be published. DECISION REPRESEN