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1. [2023] NZIACDT 13 - OT v Ramos (24 April 2023) [pdf, 174 KB]

   ...19 April 2022 and it was approved on 5 May 2022. 3 [9] On 19 April 2022, Ms Ramos sent an email to her office administrator to state that the complainant qualified under the 2021 RV instructions. [10] According to the complainant, he phoned Ms Ramos on about 14 July 2022 and was told that the residence application was “under assessment”. This is denied by Ms Ramos, though she accepts she may have mistakenly thought that the application had been filed and confirmed thi...

2. WN v ZM & Ors [2025] NZDT 128 (26 February 2025) [pdf, 269 KB]

   ...iii. What if any remedy is appropriate? b. In relation to UU and M Ltd: i. Has there been misleading or deceptive conduct by UU or M Ltd? ii. If so, what remedy is appropriate? c. In relation to X Ltd: i. Did X Ltd provide its property inspection service with reasonable care and skill? ii. If not, what remedy is appropriate? The claim against ZM and KX Has there been a breach of clause 7.3(1) of the Agreement for Sale and Purchase (vendor’s warranties)? 4. I find that it i...

3. JB v RW LCRO 87 / 2011 (1 February 2012) [pdf, 92 KB]

   ...is difficult to see that it was the Practitioner’s responsibility to secure the house if the executors themselves knew or suspected that the house was insecure. The Applicant pointed out that she was able to get the locks changed by a simple phone call, and one must wonder why she did not take this step in the first instance. The Applicant may have held a view of a lawyer’s role in the estate administration which exceeded what lawyers normally do. [21] Financial and Accounti...

4. Prasad v Devi [2014] NZIACDT 33 (19 March 2014) [pdf, 139 KB]

   ...[14.4] The complainant was fully aware, when he gave instructions not to address Immigration New Zealand’s concerns. [15] On the second issue, regarding continued representation after she lost her licence, her position is: [15.1] The adviser telephoned the complainant to inform him about her licence. [15.2] Her former practice engaged another licensed immigration adviser to provide services. However, before that occurred (on 22 September 2011), the complainant terminated the engagem...

5. [2017] NZEmpC 1 Lyttelton Port Co v The Rail and Maritime Transport Union Inc (No.2) [pdf, 101 KB]

   ...interim injunction BETWEEN LYTTELTON PORT COMPANY LIMITED Plaintiff AND THE RAIL AND MARITIME TRANSPORT UNION INC First Defendant AND MARITIME UNION OF NEW ZEALAND INC Second Defendant AND NZ MERCHANT SERVICE GUILD IUOW INC Third Defendant Hearing: 6 January 2017 (by telephone) Appearances: R Towner, counsel for plaintiff G Davenport, counsel for first defendant L Ryder, counsel for second defendant G Ballara, cou...

6. Motu v Rapihana - Pukepoto 8B15B3B Residue (2022) 256 Taitokerau MB 150 (256 TTK 150) [pdf, 242 KB]

   ...2020 the Māori Land Court made orders reducing the trustees of Te Oti Rapihana Ahu Whenua Trust to Summer Motu, Maggie Haggart, Mereana Neil, Heather Motu and Martin Chapman as the responsible trustees. [8] In or about 2017, the Trust engaged the services of Von Stuymers Surveyors to survey the Trust farm block boundary. According to the evidence provided by the Trust, the Trust farm block land was staked out with a view to fencing those boundaries. However, the fencing did not oc...

7. X Ltd v K Ltd [2019] NZDT 1339 (19 December 2019) [pdf, 252 KB]

   ...K Ltd whether in contract or pursuant to any cancellation of the contract or in act or otherwise in respect of all claims for loss, damage or injury the Customer may regard, shall be linked at the option of K Ltd to the replacement of the Goods or Services or to the price of the Goods or Services”. 14. Read widely, this broad exclusion clause states that K Ltd is not liable for any loss for any breach of any obligation, but then goes on to limit any liability to the replacement or pri...

8. DT v TX [2023] NZDT 378 (1 August 2023) [pdf, 222 KB]

   ...information, from online research and advice received, was that a cam belt should be replaced somewhere between every 60,000kms to 100,000kms or every five to six years. He said TX had owned the vehicle since 2014 and there was no evidence in the service invoices provided to DT that the cam belt had ever been replaced during that time. CI0301_CIV_DCDT_Order Page 3 of 5 19. TX had no recollection of personally having the cam belt replaced while he owned it but said there was no e...

9. Auckland Standards Committee 1 v Jindal [2025] NZLCDT 26 (8 May 2025) [pdf, 136 KB]

   ...articulate the correct approach but fail to hold himself to the same standards. Instead, he has conducted himself in a publicly vengeful and very concerning way. 4 His disengagement during the hearing, when he was frequently using his cell phone, was of concern. 6 [23] While we note that he has referees who are prepared to stand by him, and refer to him as a compassionate and diligent lawyer, we note that those references do not confirm that the referees have read ou...

10. [2017] NZEmpC 68 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 272 KB]

    ...further document. The documents are all emails or email chains; a briefing document is included in one email. An ‘options’ document is attached to three of the emails. The documents are alleged to have been created in the context of a telephone conference call or calls attended by officers of LSG Sky Chefs New Zealand Ltd (LSG) in New Zealand and LSG Hong Kong. [8] The first part of the application relating to the claim that privilege has been waived is based on the follo...