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1. [2023] NZIACDT 6 - NI v Chak (1 March 2023) [pdf, 198 KB]

   ...(the Registrar) to the Tribunal. It was partially upheld in a decision issued on 5 January 2023 in NI v Chak.1 While the Tribunal substantially dismissed the complaint, it found that Mr Chak had not sent invoices to the complainant at the time he requested payment of his fee instalments. Mr Chak was found to have breached the Licensed Immigration Advisers Code of Conduct 2014 (the Code), which is a ground for complaint under the Immigration Advisers Licensing Act 2007 (the Act).

2. BT v SM [2021] NZDT 1562 (22 July 2021) [pdf, 217 KB]

   ...[2021] NZDT 1562 APPLICANT BT FIRST RESPONDENT SM SECOND RESPONDENT CI THIRD RESPONDENT KS FOURTH RESPONDENT UE The Tribunal orders: 1. All parties are to sign a joint bond refund form by 5 August 2021 for the bond of $1,240.00 to be distributed by the Bond Centre as follows: a. BT $300.00 b. SM and CI $640.00 c. KS and UE $300.00 Reasons: 1. BT claims compensation and rent arrears totalling $2,055.00 from SM, CI,...

3. TX v SM [2021] NZDT 1574 (5 August 2021) [pdf, 167 KB]

   ...he says they were when they were sold as they had been vet-checked. No evidence has been presented from that time that would contradict the statements made by SM in relation to the condition of T and the mother at the time the contract to buy T was formed. 9. Some statements that TX contends were false, were made after T developed problems at 6 months old, well after his purchase, such as SM's statement that they were the first to have a puppy with problems - while this seems to...

4. Poutu v McDonald - Kaipakopako 2C2 (2024) 487 Aotea 78 (487 AOT 78).pdf [pdf, 230 KB]

   ...cause, per s 240 of Te Ture Whenua Māori Act 1993 (the Act) (Removal Application). [2] Rarely are removal applications clear-cut, but this is one of those occasions. Mr McDonald confirmed in open court that he was not prepared to comply with the requests made by his co-trustees in circumstances where there is no basis not to.2 [3] Given this repeated refusal to act, I remove Mr McDonald as a responsible trustee for cause and set out my reasons in more detail below. Kōrero whā...

5. YM v F Ltd [2024] NZDT 64 (20 February 2024) [pdf, 223 KB]

   ...provided hourly rates and gave an estimate of costs for the work of between $6000-$10,000.00. YM paid a deposit of $3000.00 as per the agreement. 3. YM’s solicitor sent around 130 files to F Ltd (NP says they totalled about 2000 pages of financial information) and work proceeded. F Ltd invoiced on a monthly basis so sent the first invoice, for $4976.68 (after discount), to YM on 21 February 2022. YM was shocked by the cost, so terminated the work on 25 February. On 22 February she...

6. Expression of Interest High Court Judge 2022 form [pdf, 384 KB]

   ...out in the Attorney-General’s published protocol, appointments are made considering personal and legal skills and experience, along with their character, and their experience and understanding of the communities they will serve as judges. This form provides an opportunity to highlight experience; a more extensive work and personal history should be contained in a curriculum vitae that addresses all the criteria in the published protocol. Use additional pages to respond more fully on a...

7. NI & SL Ltd v AI [2024] NZDT 334 (18 April 2024) [pdf, 142 KB]

   ...and AI. NI also acknowledged and I accept that she signed as guarantor and that she would be personally liable under clause 18(1) for any breach causing loss to vendor. What were the terms of the agreement? 8. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at what...

8. Perkinson v CAC 10040 & Cooper & Le Mac [2011] NZREADT 32 [pdf, 116 KB]

   ...completely available and willing to complete the agreement and it was only at the insistence of the Bayleys agent that had them go across the road and get the final initial. Up until then I had dealt with the purchasers in completing the agreement forms. ● A conjunctional Authority form was faxed to Bayleys on 1st December 2009 (as evidenced by the attached fax) and then further agreed to verbally by the Bayleys agent as she advised that the manager? (Hayden Stanaway) would not...

9. ENVC Hearing 27Jul15 DM suppl evidence Bridget Gilbert [pdf, 186 KB]

   ...disturbing both the legibility of the gateway experience from the ferry and the existing pleasing and simple geometry or symmetry of the bay, that sees the transport hub in the centre of the bay flanked and framed by a relatively diffuse and informal arrangement of boats on swing moorings. 13. I agree with Mr Pryor that the parking deck element will read as an 2 Pryor Supplementary paragraph 10 3 extension of the existing wha...

10. KR v WH LCRO 141 / 2010 (14 May 2012) [pdf, 128 KB]

    ...the Bank provided for a housing loan of $136,000.00 and a Rapid Repay home loan with a credit limit of $15,000.00. This was effectively an overdraft facility available for use by KR as and when required. [12] When lodging her certificate and requesting drawdown, WH requested payment of the housing loan of $136,000. Instead, when making the advance, the bank credited the firm’s trust account with $151,000 being the housing loan and the total Rapid Repay facility. [13] On comple...