Search Results

1. Kong v Li [2015] NZIACDT 83 (26 August 2015) [pdf, 73 KB]

   ...not reply by the deadline. Since then he has provided a declaration from a medical practitioner, which does not address whether he is able to attend a hearing, but does say he “is advised not suitable for work”. The Tribunal accepts Mr Li’s responses and that his preceding failure to respond related to his health, rather than wilful defiance. [9] Mr Li has not renewed his licence, and accordingly it has expired. [10] While the information from the medical practitioner is not the i...

2. Pole v Tangilanu [2015] NZIACDT 14 (03 March 2015) [pdf, 120 KB]

   ...Tangilanu [7] Ms Tangilanu did not provide submissions on sanctions. Discussion Absence of significant mitigating factors [8] There is little or no mitigation for this or any of the complaints Ms Tangilanu has faced. Ms Tangilanu has not taken responsibility for her indefensible behaviour across a large number of complaints. 3 Ms Tangilanu’s licence [9] On two previous occasions, the Tribunal ordered that Ms Tangilanu could not apply for a licence for a perio...

3. AR v Secretary of Justice 15 July 2013 NZRA 000004 [pdf, 93 KB]

   ...avoid the potential difficulties. f. The Applicant is fully versed in the facts and legal issues for the appeal. He submits that this further reduces the administrative costs arising from the appointment of another Counsel. 7. The Secretary’s response to the Application for Review makes the following points. a. That the client’s confidence in the Applicant is not an overriding consideration that the Secretary must take into account in determining a ’need for services’...

4. [2013] NZEmpC 61 Alatipi v CE of the Department of Corrections [pdf, 56 KB]

   ...affidavit evidence to be filed and served in support of the application for leave because a memorandum from the applicant’s advocate would not be sufficient for an opposed application. [5] Ms Dobson, counsel for the defendant, filed a memorandum in response confirming that Corrections did not oppose the application for leave to file the challenge out of time but counsel specifically drew the Court’s attention to a number of paragraphs in the Authority’s determination which she...

5. [2013] NZEmpC 203 Young v Bay of Plenty DHB [pdf, 59 KB]

   ...statement of problem and the provision of copies of those. Assuming that the statement of problem is a statement of problem of an employment relationship matter in the Employment Relations Authority, then any statement in reply filed by the Board in response should also be provided. [5] Next, although Nick Cockroft’s affidavit attaches, as Exhibit C, a statement of problem filed with the Authority by Mr Young’s solicitors on 13 November 2008, the accompanying letter from the Au...

6. Deputy Registrar v Ruapehu District Council - Lot 2 DP South Auckland 38101 (2013) 312 Aotea MB 148 (312 AOT 148) [pdf, 113 KB]

   ...[7] Section 17 of the Act provides that one of the general objectives of the legislation is to ascertain and give effect to the wishes of the owners. While the Deputy Registrar may have initiated the application, this has eventually precipitated a response from the successors and representatives of the deceased owners and their whänau. They wish to proceed with a change of status. [8] Pursuant to s 133(3) the Court must be satisfied of the following criteria before it can chan...

7. ENVC Hearing 6Oct14 DM expert Bridget Gilbert attachments [pdf, 2.5 MB]

   1 Evidence of Bridget Gilbert | Appendices Appendix A: Landscape Description and Landscape Values Extract from Decision No. [2010] NZEnvC 432 [50] The latest response to criticisms that earlier discussions by the court of 'landscape' did not include land uses, and that they mixed objective and subjective elements, is in Maniototo Environmental Society Incorporated and others v Central Otago District Council and Otago Regional Council (the Lammermoor case). There t...

8. [2015] NZSSAA 016, 16 March [pdf, 28 KB]

   ...apply for Living Alone Payment in December 2009 would have been directed to the correct address. We also note it is surprising that the appellant did not enquire about the reduction in his income if he was dependent on it. [12] Faced with a lack of response to the correspondence at the end of 2007 when the Ministry sought to review the appellant’s entitlement to Living Alone Payment, it was appropriate for the Ministry to suspend the appellant’s Living Alone Payment and subsequentl...

9. AFC v ZUT [2013] NZDT 209 (5 July 2013) [pdf, 80 KB]

   ...business, which he regards AFC as having breached. AFC sees this as an admission by ZUT that he did agree to further payment for the suburban business, but in 2012 was seeking to offset that against losses from the city business for which he held AFC responsible. I cannot read that much into that correspondence – it does not say that ZUT agreed to further payment for the suburban business, let alone mention an amount. [8] AFC has also produced written witness statements from...

10. CAC 10047 v Whiteford [2011] NZREADT 7 [pdf, 75 KB]

    ...annoyed by this and as a result of what he described as the defendant’s dishonesty and his ill feeling for the defendant’s behaviour he cancelled the contract without paying the deposit. Evidence for the Defendant [12] The defendant filed a response to the charge pursuant to Regulation 7(i) of the Real Estate Agents (Complaints and Discipline) Regulations 2009 in which he denied the charge but offered the following explanation:- “I accept I did not advise the prospecti...