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1. Chand v Shearer [2016] NZIACDT 57 (21 September 2016) [pdf, 279 KB]

   ...Tribunal upheld this complaint in a decision dated 18 March 2016: Chand v Shearer [2016] NZIACDT 12 (www.justice.govt.nz). The Tribunal found Ms Shearer breached her professional obligations. [2] The complaint was that Ms Shearer did not file a request for a visa for some three months after getting instructions to do so. She misled her client, and her client’s employer, saying she had filed the request when that was not true. The complaint was that Ms Shearer was negligent in the...

2. [2021] NZEnvC 045 Auckland Yacht and Boating Association v Auckland Council [pdf, 1.3 MB]

   ...the Court, dated 2 March 2021. 3 Notice of A YBA's wish to be heard on notice of motion, dated 17 March 2021, Attachment A. 4 Filed on 17 March 2021. 3 Service requirements for notices of appeal [6] Form 16 of the Resource Management (Forms, Fees and Procedure) Regulations 2003 summarises and sets out the requirements regarding service of an appeal as follows: Note to appellant or person seeking inquiry You may use this form to lodge an appeal and to request an inquiry....

3. Auckland Standards Committee 4 v Shand [2021] NZLCDT 9 (31 March 2021) [pdf, 108 KB]

   ...DECISION 31 March 2021 COUNSEL Ms S Earl for the Auckland Standards Committee Ms S Cameron for the Practitioner 2 DECISION OF THE TRIBUNAL RE LIABILITY AND PENALTY Introduction [1] Mr Shand failed to provide his file when requested to do so by the Standards Committee and he continued that failure for 18 months despite further urging. He accepts a finding of unsatisfactory conduct. The Standards Committee does not argue that he should be found liable for mis...

4. ARLA PNG 1 [pdf, 177 KB]

   ...authority may give licensing committees statements setting out its views on –– (a) the general administration of this Act; or (b) the policies to be followed in the administration of this Act or any provisions of it; or (c) any information obtained by the authority from any inquiry held by it or from any other source. (2) A statement must not relate to a matter that may be a ground for an appeal against a decision of a licensing committee. (3) In performing its...

5. Mullane v Attorney-General (Request for Documents) [2020] NZHRRT 14 [pdf, 621 KB]

   ...DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson REPRESENTATION: Mr BG Mullane in person Ms D Harris for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 25 May 2020 DECISION OF CHAIRPERSON ON REQUEST BY PLAINTIFF FOR DOCUMENTS ON THE TRIBUNAL FILE1 Background [1] On 25, 26 and 27 September 2017 the Tribunal heard a claim by Mr Mullane against the Attorney-General under the Privacy Act 1993, IPP 8. At the relevant time...

6. [2018] NZSSAA 30 (15 June 2018) [pdf, 134 KB]

   ...65. On 24 August 2012, the Ministry wrote to the appellant advising him that he was required to test his entitlement to a benefit or pension from the United Kingdom. The appellant subsequently confirmed that he had sent completed application forms direct to the United Kingdom Pension Service (UKPS). The Ministry asked the appellant to notify it of the decision. [3] It appears that the Ministry did not follow up on the appellant’s application for a United Kingdom pension u...

7. MD v O Ltd [2021] NZDT 1347 (27 January 2021) [pdf, 197 KB]

   ...liable to the contracting party (s 256, CCLA). The contracting party is (relevantly) the consignor (sender of the goods) who enters a contract with the carrier (s 246, CCLA). 10. The general law of contract applies. 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...

8. LQ & SC Ltd v DD [2021] NZDT 1344 (31 March 2021) [pdf, 214 KB]

   ...and compensation and if so, how much. CI0301_CIV_DCDT_Order Page 2 of 4 Has there been a misrepresentation? 8. A misrepresentation is a statement of fact, made by one contracting party to another, before or at the time the contract was formed, upon which the purchaser relies, that proves to be wrong. If there has been a misrepresentation, the purchaser is entitled to a remedy, even if the misrepresentation was made innocently and not deliberately. 9. The onus lies with an...

9. CU v KI Ltd [2022] NZDT 19 (23 February 2022) [pdf, 201 KB]

   ...element of goodwill compensation provided. 17. In the absence of any proven breach by KI Ltd of its legal obligations, the claim must be dismissed. Referee: E Paton-Simpson Date: 23 February 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

10. QD & XD v QN [2021] NZDT 1683 (10 December 2021) [pdf, 181 KB]

    ...bargain, intended to show the payer’s sincerity and intention to complete the purchase. In many contexts, such as that of a conditional contract, it is understood that a deposit will be refunded if the contract is not completed, and it is intended to form part of the purchase price when the contract is fulfilled. However, the fact that a payment is called a “deposit” does not meant that it is automatically refundable if the contract is not completed. Generally, if the buyer is in bre...