Search Results

1. [2020] NZIACDT 52 - TBE v Proudman (4 December 2020) [pdf, 202 KB]

   ...TBE v Proudman [2020] NZIACDT 41. 3 [9] In the meantime, on 19 July 2018, Immigration New Zealand declined the daughter’s dependent student visa as she did not meet the age requirement of the instructions.2 [10] There followed numerous requests by the complainant for updates on the progress of his daughter’s visa application. Ms Proudman did not advise him of the decision until 21 September 2018. Decision of the Tribunal [11] The Tribunal noted Ms Proudman’s admi...

2. [2020] NZEnvC 208 Te Runanga o Arowhenua v Canterbury Regional Council [pdf, 158 KB]

   ...submissions and/or evidence in support of their respective positions.22 Despite an enlargement of those directions,23 no progress has been made by the parties on setting down the preliminary legal issue for hearing. On 27 November 2020 the parties requested the directions be vacated pending the determination of the application for early commencement. 14 Rangitata Diversion Race Management Ltd submissions dated 7 December 2020 at [11]. 15 Rangitata Diversion Race Management Ltd...

3. [2020] NZEmpC 125 Smith v Fletcher Concrete & Infrastructure Ltd [pdf, 215 KB]

   ...company was inadequate and contrary to s 103A(3) of the Act, including that Fletcher Concrete: (a) failed to put the actual concern to Mr Smith; (b) failed to provide him with statements of other employees that were critical to the matter; (c) formed a view as to Mr Smith’s general approach to health and safety, without advising Mr Smith of that or giving him an opportunity to comment on it; (d) failed to consider the competing policies; and (e) failed to consider the res...

4. [2021] NZEnvC 059 Coldicutt v Whitehall Fruitpackers Holdings Limited [pdf, 158 KB]

   ...before making an order affecting the rights and interests of a party. [18] On receipt of the application and supporting documents I directed that the application be served on Whitehall Fruitpackers and the Council on a Pickwick basis.10 I also formed the view that it was desirable to convene a judicial telephone conference GTC) with a representative present for the Coldicutts, Whitehall Fruitpackers and the Council. [19] The JTC took place on 6 May 2021, during which Mr Webb confi...

5. [2021] NZEnvC 084 Rangitane o Tamaki v Manawatu-Wanganui Regional Council [pdf, 1.2 MB]

   ...a further 25% of the baseline value. [18] While the Court cannot bind future decisions of the Regional Council, it would clearly be inequitable in our view to do other than set out in paragraph [17]. A degree of pragmatism will be required in formulating conditions to ensure fairness and certainty, and we propose a revised Condition DLW 8 and a further condition DLW 9, as follows: DLW8 DLW9 Once the wetland treatment system is established and operational, the treated wastewate...

6. HES v Parekh [2019] NZIACDT 47 sanctions (19 July 2019) [pdf, 124 KB]

   ...Immigration New Zealand declined the visitor visa application on 28 February 2016, because the couple had not met in person and had not satisfied the immigration requirements for a culturally arranged marriage. [8] On 13 April 2016, Ms Parekh requested Immigration New Zealand to review the decline decision. It replied on 23 April 2016 declining a review, since the couple had not met each other, a minimum requirement of the criteria.

7. [2020] NZEmpC 9 Zhang v Telco Asset Management Ltd [pdf, 236 KB]

   ...4 At [20] and quoting Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA) at [53]. perceived by third parties as being the result of a negotiated agreement and would differ significantly in form and substance from the content of a judgment of the Court following a hearing. [15] There are two aspects of these offers which require consideration. First, the financial element. Mr Cleary, counsel for Telco, submitted that the Court

8. [2020] NZREADT 08 - Bond (25 February 2020) [pdf, 154 KB]

   ...with good agency practices, and conduct themselves in a manner that reflects well on the Institute, its members, and the real estate profession. 13.13 A member must be fair and just to all parties in negotiations and in the preparation of all forms and agreements, and protect the public against unethical practices in connection with real estate transactions. [16] Ms Bond’s conduct was also regulated by the Fair Trading 1986 which was, as Mr Hodge put it, “one of the key regu...

9. LCRO 12/2018 NH and EW v TL and [KT Law] (17 February 2020) [pdf, 102 KB]

   ...decision has been seen by them both. The applicants are also aware of a review of the Committee’s own motion decision by this Office. At least one of the applicants has seen the determinations made on review, albeit in a redacted published form. [17] The outcome of this review hinges on the fact that the applicants were not clients of Mr TL or the firm, and were not unrepresented litigants because they, like the other beneficiaries, were or knew they could have been in receipt o...

10. Auckland Standards Committee 2 v Kennelly [2020] NZLCDT 6 [pdf, 143 KB]

    ...taken seriously. He relied on the decision of the Court of Appeal in W v Auckland Standards Committee 3 of the New Zealand Law Society1. The Court said at paragraph [48]: There may be cases where a breach of an undertaking may not warrant some form of disciplinary action, but such cases are likely to be rare. Usually, disciplinary action will be justified at a level appropriate to the circumstances. A deliberate breach or one involving gross carelessness may justify a charge of...