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1. Hide v Official Assignee (Discovery) [2018] NZHRRT 6 [pdf, 172 KB]

   ...general rule is that a party cannot be compelled to call a particular witness. If the opposing party wants any witness to attend the hearing, a witness summons can be applied for. The process by which this is done is explained in Annexure A “Requesting a Witness Summons”. Particular attention is drawn to the need for the Tribunal to be satisfied the intended witness can give material evidence. Ordinarily this means a written application must be made to the Tribunal by the pa...

2. VS v CN 51/2016 LCRO [pdf, 151 KB]

   ...emailed Mr VS and Mr DL explaining that the documents were moderately complex because of the “large number of conditions precedent on the sale and purchase” and the lease being a “non- standard” New Zealand lease.7 Mr CN requested further information, and said he would provide a full report. [8] Mr CN and a solicitor on his team, Ms TR, then undertook a careful review of the agreement and lease and provided their comments to Mr VS and Mr DL by email dated 20 October 2015....

3. Bott v Standing [2012] NZIACDT 44 (24 August 2012) [pdf, 109 KB]

   ...agreement for Golden Sands. However, the signature is not readable, so whether Mr Standing or someone on his behalf signed is not clear. [18] At the time the agreement was signed and the fees paid, only Mr Standing was licensed. [19] In May 2009, the forms to prepare an expression of interest were delivered to Mr and Ms Bott from Mr Standing’s practice. [20] In a letter dated 16 June 2009, Mr Standing wrote to Mr Bott saying the first payment of fees had just been received. In fact...

4. OLL v NJK [2013] NZIACDT 34 (30 May 2013) [pdf, 127 KB]

   ...New Zealand. [19] Ms OLL then sought to have the $6,500 she had paid through Mr NJK refunded. The money had been lodged with the Public Trust; however only $5,000 was held in trust. On making further inquiries with the institution, Ms OLL was informed that Mr NJK had requested that he be supplied with a quotation for the sum of $6,500, which was $5,000 for tuition fees, and $1,500 for commission he was to be paid (but not disclosed). He later obtained an invoice for $5,000 which was t...

5. BORA Crimes (Reasonable Parental Control and Correction) Amendment Bill [pdf, 140 KB]

   ...subjected to torture or other cruel, inhuman or degrading treatment or punishment. This is complemented and extended by Article 19, which requires States to take all appropriate measures, including legislative action, to protect children from all forms of violence while in the care of parents, guardians or any other person. 9. The CRC has consistently recommended that States prohibit all forms of corporal punishment, in the family and in other settings. Prior to the repeal of s 59 of...

6. LCRO 179/2017 VB, CB & ON v QT (14 June 2018) [pdf, 181 KB]

   ...considered by the Courts, ultimately the Supreme Court, which on [Date] dismissed her application for leave to appeal. [6] On [Date], the Body Corporate filed a memorandum with the Tribunal to update the Body Corporate’s claim against the owners and requested an evaluation conference. The amended claim filed included further levies that had fallen due and had not been paid. [7] Two months later, on [Date], [HGF] informed the firm that the owners had paid $[Amount], which rep...

7. BORA Births, Deaths, Marriages, and Relationships Registration Bill [pdf, 249 KB]

   ...viewed online. 7. The Bill also includes a number of amendments designed to tidy up and improve the operation of the legislative framework. This includes re-enacting the 1995 Act to ensure all provisions are presented in an up to-date and accessible form. Accordingly, we have also considered the consistency of those existing provisions in the 1995 Act that are re- enacted by the Bill. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 8. S...

8. LCRO 171/2018 QZ v UJ (19 December 2018) [pdf, 169 KB]

   ...QZ’s correspondence of 13 March 2018 breaches r 2.10. [33] At para 7, Mr QZ says that his client would require, as a condition of settlement, that the firm lodge a complaint with the NZLS about Mr UJ’s conduct. That was a perfectly reasonable request. Mr QZ’s client considered that Mr UJ’s conduct demanded 4 SC v JT LCRO 382/2013 (30 June 2017). 8 a disciplinary response and it was her view that the partners of the firm...

9. Short - Tumu Kaituna 14 (2021) 249 Waiariki MB 71 (249 WAR 71) [pdf, 238 KB]

   ...(to take a charge over the land); (iii) Whether the applicant could prosecute their case without special aid; (iv) A detailed estimate of costs; and (v) Whether legal aid has been applied for and, if not, why not. [7] I advised that once the requested information is received the application for special aid would be considered. [8] In May 2018, Mr Dennett advised that the trustees were in the process of obtaining the financial accounts. Minimal other information in relation to tha...

10. [2021] NZIACDT 7 - IMH v Marica (22 March 2021) [pdf, 218 KB]

    ...attempted to file the complainant’s visa application online, but was unable to do so as his visa had expired the previous day. Accordingly, she sent an urgent email to Mr Gimranov and the office manager stating that it was imperative that a s 61 request be lodged.2 However, no such application was prepared. [12] Mr Gimranov’s licence was then cancelled by the Authority on 15 September 2016 and Ms Marica returned to New Zealand on about 19 September. [13] The complainant...