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...component to that agreement; and that, with regard to a CEA agreed in 2012, a statement was introduced to record that all pay rates were “deemed to incorporate payment for rest breaks”. [29] Ms Van Kleef in essence made three points about this response to her request for documents. 11 Assa Abloy New Zealand Ltd v Allegion (New Zealand) Ltd [2015] NZHC 2760, [2018] NZAR 600 at [14]. [30] First, she said that no do...
...complaints was that “Mr TN had sent a misleading letter to the Family Court on 23 November 2017 [the letter]” (the allegation). It documents the Committee’s three attempts to obtain a copy of the letter from Mr TN (but not from Dr DL), Mr TN’s response of 14 May 2018 with which he did not provide the letter, extensions of the deadline for him to provide the letter, and his continued failure to do so. Reference is made to Mr TN’s reply of 6 August 2018, after the last e...
...declined on 7 December 2017 and two s 61 requests were then made, which were declined on 5 January and 5 February 2018. The Registrar alleges that Mr Ji was dishonest or misleading in omitting to tell the complainant any of this. Furthermore, his responses to the complainant’s numerous requests to be updated were dishonest or misleading: 1. Advising the complainant on 19 January 2018 that Immigration New Zealand had not replied; 2. Advising her on 23 January 2018 that the agen...
...building a dwelling”. The differences are immediately obvious. The written consents do not, on their face, indicate the location of the proposed area for the occupation order. Nor do they indicate support for the term of the order. [15] In response to questioning, the applicants confirmed that those owners who provided written consent received: (a) A copy of the newspaper advertisement for the 28 July 2018 owners meeting; (b) A copy of the minutes of the owners meeting held on...
...guaranteed minimum hours in the employment agreement, Ms Hanning told the Authority she had earlier been assured (at the time the problem arose for another employee) that the proper wording would be used in the future. [66] It was Ms Hanning’s responsibility to check the agreement used for the complainant. That is particularly so, if she knew the problem had arisen in the past in respect of that employer. [67] A professional and diligent adviser would not rely on an assurance...
...of a general inquiry as to whether any professional obligations had been breached. [11] Ms TS’s complaint was managed by the Complaints Service through its early resolution process. Neither Ms NU nor Mr VL were required to provide a formal response to the complaint filed though they both were given opportunity to do so. Neither availed themselves of that opportunity. [12] The Standards Committee delivered its decision on 26 August 2019. [13] The Committee determined, pursua...
...industries. Following their feedback, an updated draft was prepared and circulated for review by lobbyists, and wider stakeholders and interest groups (including academics and civil society organisations). 4. The feedback and concerns raised in response to both versions of the draft code have made it clear that a voluntary code lacks sufficient support from the lobbying industry to be finalised and implemented effectively. Feedback from the wider stakeholder groups has been equally str...
...1 March 2024, I issued directions for the applicant to serve a copy of the application on all parties, and for the trustees to file a report with the Court addressing the applicant’s allegations and providing relevant documentation. [10] In response to these directions, Mr Stoevelaar, counsel for the Trust, filed a memorandum addressing the allegations, and filed the requested documents. [11] On 10 September 2024, I held a hearing. Counsel for both parties made submissions, and...
...care. 67. RN Sutton-Smith also advised that several systems aspects may have contributed to the failures. In particular, she noted the following: a. There was confusion among staff regarding who was meant to place the 777 calls. It was suggested in responses to the HDC investigation that the responsibility of escalating an EWS and placing 777 calls lay chiefly with the nursing staff because they were the ones who calculated it most often, and the EWS system is not utilised by doctors in...
...been complied with. The documents required by the notice were still not provided by Mr Cooper or Cooper and Co. [18] On 4 December 2023, the Committee laid the charge against Mr Cooper and Cooper and Co. [19] On 5 December 2023, the documents responsive to the s 85 notice were provided by the licensees’ lawyers. THE TRIBUNAL’S SUBSTANTIVE DECISION [20] On 4 December 2023, the Committee charged the licensees with misconduct under s 73(c)(i) of the Real Estate Agents Act 200...