Search Results

1. Johnston v Anderson - Herapeka Hinewehi Ahu Whenua (2016) 147 Waiariki MB 37 (147 WAR 37) [pdf, 209 KB]

   ...the application was that, over a number of years, the trustees had failed to keep the owners and beneficiaries informed and up to date with the operation of the Trust. [2] At a hearing held on 11 November 2015 before Judge Harvey the applicant requested that the Court adjourn the application pending his appointment as a trustee in replacement of his brother, Mark Johnston. 1 The applicant considered that some of his concerns may be addressed following his appointment as a trustee...

2. [2017] NZEmpC 100 Lyttelton Port Company Ltd v Arthurs [pdf, 148 KB]

   ...Lyttelton Port’s application. [9] On 27 June 2017, Mr Arthurs gave notice to Lyttelton Port that he required disclosure by it of documents identified or described in six numbered paragraphs. The company objected because it considered the requests were too broad, vague, the documents requested did not exist, or what was asked for was not relevant. [10] Lyttelton Port’s objection was supported by an affidavit sworn by its industrial relations manager, Ms Sally Williams. Her...

3. [2019] NZEnvC 052 Tasman Distrct Council v Baigent [pdf, 628 KB]

   ...Environment Judge B P Dwyer sitting alone under s 309 of the Act Date of Decision : 2"1- March 2019 Date of Issue: '). T March 2019 FINAL DECISION OF THE ENVIRONMENT COURT ON APPLICATION FOR ENFORCEMENT ORDERS A: Enforcement orders made in form attached B: Costs reserved REASONS Introduction [1] On 27 August 2018 the Court issued a decision1 (the Interim Decision) determining to make an enforcement order against Gary Richard Baigent (l\t1r Baigent) on the applica...

4. Abellera v Elizabeth [2017] NZIACDT 17 (20 Sept 2017) [pdf, 153 KB]

   ...2 INTERIM DECISION Introduction [1] The Registrar of Immigration Advisers lodged a Statement of Complaint in this matter on 28 July 2017. She did so after considering the merits of the complaint. She provided particulars of the background information in her Statement of Complaint which she filed with this Tribunal. The key elements were: [1.1] The adviser is a licensed immigration adviser employed by Best Migration Services Global Pty Limited, it operates in partnership with

5. [2021] NZEmpC 196 KAQ v The Attorney-General [pdf, 245 KB]

   ...circumstances, when it is in the interests of justice to do so. [8] Rule 12 of the Rules specifies a range of matters that must be considered when determining an application for access. It provides: 12 Matters to be considered In determining a request for access under rule 11, the Judge must consider the nature of, and the reasons given for, the request and take into account each of the following matters that is relevant to the request or any objection to the request: (a) the o...

6. DQ v Z Ltd [2021] NZDT 1634 (2 July 2021) [pdf, 228 KB]

   ...for inspection. They did not communicate with or consult with DQ over its disposal or tell him prior that they may potentially dispose of it after the inspection. 18. Further I do not accept that Z Ltd’s collection of the item for inspection formed part of the original contract of carriage. That carriage was at an end once the toilet was delivered to DQ. Therefore Z Ltd’s terms and conditions did not apply beyond that time. 19. The tort of conversion occurs when one party inte...

7. [2022] NZIACDT 3 - IL v Khetarpal (10 February 2022) [pdf, 140 KB]

   ...immigration instructions as the dependent child of a work visa holder, since the complainant’s income did not meet the minimum threshold. [10] On 6 August 2019, the complainant sent an email to Ms Khetarpal confirming a telephone conversation requesting the latter not to undertake any further action on her file, as she had found another “lawyer” to handle the matter. [11] An immigration officer sent an email to the complainant’s new immigration adviser on 8 August 2019...

8. KQ HN v TC X Ltd [2023] NZDT 41 (31 January 2023) [pdf, 196 KB]

   ...should have included the removal of the stump. It is not satisfactory to have a cabbage tree sprouting below a newly-built fence. That aspect of the work was unsatisfactory. The quality of the fence [18] I accept that timber is not a perfectly uniform material, and that some knots, holes or cracking may appear in a timber fence. However, in this case, I consider that the number of knots, and the size of some of them, is beyond what would reasonably be expected. I also consider that th...

9. Auckland Standards Committee 2 v Burton [2023] NZLCDT 23 (26 May 2023) [pdf, 98 KB]

   ...DECISION OF TRIBUNAL ON PENALTY Introduction [1] Mr Burton has pleaded guilty to two charges of misconduct, the first relating to failure to comply with orders of the Standards Committee, and the second, failure to respond to enquiries or requests from the Standards Committee in a timely manner. [2] Mr Burton has also accepted the facts underlying the charges so that the hearing and subsequent submissions concentrated on penalty only. This decision considers and deter...

10. NG v PT Ltd & OB Ltd [2022] NZDT 244 (18 October 2022) [pdf, 110 KB]

    ...before the rescue and the fuel gauge showed that there was fuel in the tank. Before being rescued, NG knew there was fuel in the tank and that the van had not stopped running due to an empty fuel tank. 10. I am satisfied that PT Ltd performed the stated task of getting NG’s van on the road as soon as possible. The mechanic found the fault. The firm opened when it didn’t need to provide service. The firm should be paid for that service. Therefore the $238.50 for that...