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...…………………………………………………………... [130] Introduction [1] At the heart of this case is the question whether a long-term resident of a holiday park or campground, who worked there part-time on a roster and in return for which he received money and a free licence to occupy a site and use the camp’s facilities, was an employee of the business’s owner. Flowing from this decision may or may not be an entitlement to minimum employment conditions...
...the Act. The Code was developed pursuant to section 37 of the Act (published www.iaa.govt.nz). [3] Section 44(2) of the Act provides a breach of the Code is grounds to uphold a complaint, as is negligence and incompetence. [4] The Adviser is a licenced immigration adviser, who was engaged by the Complainant to vary a work permit in July 2009. [5] Immigration New Zealand responded to the application for variation, saying the variation was not possible. That was because the Complainant...
...opportunity to provide immigration advice to her client, or otherwise act against their interests. In the present case, that would have required an explanation to them that Mr Martin could not lawfully give immigration advice, as he did not hold a licence; and explain the extent of any known offending in relation to their applications up to that point. [11.3] Ms Zhou may have failed to discharge her professional duties, and furthered the unlawful conduct of Mr Martin, in particular: [1...
...to see PHARMAC consider additional or alternative devices for funding at their next contract review. PROFESSIONAL EDUCATION AND RESEARCH The Abortion Supervisory Committee is a governance body that has a responsibility to ensure those we licence are undergoing appropriate ongoing professional education. During a certifying consultant’s annual reappointment process, we request information about the ongoing professional education they have completed. We continue to be im...
...within Rāpaki Marae and the Ngāti Wheke community. The particular points of contention concern the activities, rights, duties and obligations between the two entities and the necessity for formalising their relationship through, for example, a licence to occupy. 12 Te Waipounamu MB 140 [2] Equally importantly, a dispute has arisen over the trusteeships for the Māori reservation. Kopa Lee, Te Whe Phillips and Tutehounuku Korako take the view that traditionally there have be...
...some other professions manage cases like this one. [3] I will take Mr I’s situation into account when deciding the complaint. He is not able to understand the complaint due to his health; family members have been cooperative, but they are not licenced immigration advisers. I am dealing with the complaint without any response from Mr I, but this is not due to any fault on his part. [4] The Registrar, as the Tribunal’s rules require, issued a notice of complaint. It sets out t...
...Ah-Kuoi apologised to the complainant and her family. I accept what happened was a result of Mr Ah-Kuoi undertaking work for which he did not have the skills; he did not intentionally breach his professional obligations. Mr Ah-Kuoi does not now hold a licence, and his financial position is not strong. [4] The complainant seeks a refund of fees of $4,500. [5] After reviewing the options with Mr Ah-Kuoi, and the other parties I am satisfied this is a case where the focus on financial aspe...
...Member Hearing: On the papers DECISION AS TO INTERIM SUSPENSION PURSUANT TO S 115 REAL ESTATE AGENTS ACT [1] On the 5 April 2012 the Tribunal found Mr Kumandan guilty of misconduct and in a decision dated 12 June 2012 cancelled his licence. [2] Mr Kumandan appealed to the High Court. In a decision dated 19 December 2012 the High Court upheld the Tribunal’s finding of misconduct upheld the appeal on penalty. The Court remitted the penalty decision back to the Tribun...
...in the performance of real estate agency work. 10 [8] Penalties must also be proportional to the offence and reflect other decisions of the Tribunal. The CAC referred to the decision of the Tribunal in Khan [2011] NZREADT 11 where Mrs Khan’s licence was cancelled when she was found to have acted dishonestly on a transaction. The CAC also referred to the decision of Dodd [2011] NZREADT 1, in which a dishonest agent was suspended. Lang J held that disciplinary proceedings inevitab...
...public confidence in the performance of real estate agency work. 11 [6] Penalties must also be proportional and reflect other decisions of the Tribunal. In this respect the CAC referred to the decision of the Tribunal in Khan where Mrs Khan’s licence was cancelled when she was found to have acted dishonestly on a transaction. The CAC also referred to the decision of Dodd, in which a dishonest agent was suspended. Lang J held that disciplinary proceedings inevitably involve issues...