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1. Mao v Howitt [pdf, 60 KB]

   ...fully in the claim and to provide information and comply with requests. It is important that respondents understand that this is a different process from the Court process. The adjudicator has wide powers under s36 of the WHRS Act which include requesting submissions, requesting copies of documents, setting deadlines, calling conferences and requesting the parties to do "any other thing … that [is considered] reasonably may be required to enable the effective complete deter...

2. Chung and Lok v Yap [2014] NZIACDT 66 (30 May 2014) [pdf, 149 KB]

   ...following grounds of complaint: [8.1] He breached clauses 2.1(b) and 3 of the Code in relation to staff management. [8.2] The adviser breached clause 1.1(a) of the Licensed Immigration Advisers Code of Conduct 2010 (the Code) in that he failed to perform his services with due care, diligence and professionalism. [9] The Registrar identified the material facts supporting the allegations in his statement of complaint. In essence, these were as follows: [9.1] The adviser has his practi...

3. ENV-2016-AKL-000TBA Albany North Land Group v Auckland Council [pdf, 6.1 MB]

   ...immediate plans to develop. MHS zoning of this land will therefore help address the demand for residential development in the short to medium term given the preparedness of the landowner to proceed. 14 By legal submissions dated 29 April 2016, ANLG formally withdrew its relief alternative relief seeking FUZ. This was confirmed by letter dated 2 May 2016. ALTERNATIVE GROUND 1 - ACTIVITY STATUS OF SUBDIVISION IN THE FUTURE URBAN ZONE 15 ANLG appeal the decision of the Council to r...

4. [2017] NZEnvC 123 Dunedin City Council v Saddle Views Estate Ltd [pdf, 1.3 MB]

   ...'s concern is that any extensions could creep into the ridges (or edges) of Jaffray Hill which it is seeking to protect in the meantime. [28] I am sympathetic to the operational difficulties facing SVEL and have considered whether I should request more detailed evidence as to the extent of the working areas requested by SVEL. On reflection, that is inappropriate. SVEL is in effect asking for a de facto resource consent from the court. I consider that in a situation where SVEL h...

5. Tucker v Real Estate Agents Authority (Application for Closed Hearing) [2019] NZHRRT 49 [PDF, 287 KB]

   ...Heard on the papers DATE OF DECISION: 1 November 2019 DECISION OF TRIBUNAL DECLINING APPLICATION BY PLAINTIFF FOR A CLOSED HEARING1 Background [1] On 20 September 2016 the Real Estate Agents Authority received from Mr Tucker a request under IPP 6 for access to all his personal information then held by the Authority. In these proceedings Mr Tucker alleges the Authority failed to comply with that request within the time mandated by the Privacy Act 1993, s 40. The Autho...

6. Ween v Betty's Empire Ltd [2020] NZHRRT 48 [pdf, 212 KB]

   ...TRIBUNAL [2020] NZHRRT 48 I TE TARAIPIUNARA MANA TANGATA 2 [2] On the same day, a Betty’s Empire employee sent Ms Ween’s on-line order receipt to her employer. [3] Ms Ween complained to Betty’s Empire’s about its disclosure of her information to her employer. [4] Betty’s Empire concedes a breach of information privacy principle (IPP) 11. It says, however, that Ms Ween has failed to show any form of harm sufficient to indicate that her privacy has been interfered with...

7. Memorandum of counsel for Waka Kotahi NZ Transport Agency 30 April 2020 [pdf, 231 KB]

   ...thereafter. The Court also made some indicative comments regarding timetabling.3 5. The period for making public submissions closed on Friday, 24 April 2020. 6. In this memorandum, counsel: (a) update the Court on the submissions made; (b) request that the Court now formally schedule a pre-hearing conference no later than five working days after closure of the section 274 notice period (presently estimated to be 17 June 2020), with the purpose being for the Court to make dire...

8. [2022] NZIACDT 18 - TQ v Gibson (25 July 2022) [pdf, 209 KB]

   ...NZ stating that he had not been aware of the PPI letter or the decline. He had been trying to contact his adviser for two months, but she never replied to his emails or answered the calls. He asked to be given the chance to send the documents requested on 26 February. Immigration NZ replied to say that the decision was final. COMPLAINT [19] On an unknown date, the complainant made a complaint against Ms Gibson to the Authority. He said she did not send the documents requested...

9. [2022] NZEmpC 112 Shaw v Bay of Plenty District Health Board [pdf, 220 KB]

   ...determination was required on a preliminary issue; 2 Shaw v Bay of Plenty District Health Board [2022] NZEmpC 10. 3 “Employment Court of New Zealand Practice Directions” <www.employmentcourt.govt.nz> at No 16. 4 Relying on PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC); and Judea Tavern Ltd v Jesson [2017] NZEmpC 120, [2017] ERNZ 726. 5 The tariff is $4,500 for the first day of the matter and $3,500 for subsequent days. (b) a number of...

10. DE v TQ [2021] NZDT 1572 (20 July 2021) [pdf, 219 KB]

    ...from B in the same manner and to the same extent as if the representation were a term of the contract that has been breached. A representation is a statement of fact, made by one contracting party to another, before or at the time the contract is formed. If that representation induced the party relying on it to enter into the contract, and that representation turns out to be incorrect, it is a misrepresentation to which s35(1)(a) of the CCLA applies. 8. TQ advertised the Boat for sale...