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1. Cabagnot v Sampang [2015] NZIACDT 12 (27 February 2015) [pdf, 131 KB]

   ...standing of legislation mandates that process in clear terms. Mr Sampang’s conduct was a systematic failure to deliver minimum professional standards. [13] The complainant was entitled to the protection the Act envisages. I have found Mr Sampang was responsible for failing to deliver that. Furthermore, the negligent acts were at a gross level. An application for residence is an important and life changing matter to a family, it is necessary for licensed immigration advisers to treat th...

2. Tamang v Varquez [2015] NZIACDT 39 (15 April 2015) [pdf, 82 KB]

   ...process was not complete. The complainant had a written agreement that identified the professional fees, but not the fees payable to Immigration New Zealand; but he had not signed the agreement. [5.2] On 1 November 2012, or thereabouts Mr Varquez took responsibility for the complainant’s immigration matters. In February 2013, he submitted an expression of interest to Immigration New Zealand for the complainant, claiming 155 points. Immigration New Zealand assessed the correct points as...

3. Ellis v CAC 10069 & Reedy [2012] NZREADT 63 [pdf, 26 KB]

   ...inspect or view the property. His complaint was that the agent had broken the law by trespassing when specifically told he was not to visit a residential property, he requested access less than 12 hours before he required it by e-mail, he ignored the response, he was colluding with the other parties and trustees and he intimidated the existing tenant. The Committee’s Findings [3] The Complaints Assessment Committee found that Mr Ellis did not have the authority to offer the prop...

4. [2014] NZEmpC 131 Patel v OCS Ltd [pdf, 68 KB]

   ...basis, and dismissed, for reasons set out in my earlier judgment. 1 The parties were encouraged to seek agreement as to costs. It appears that while Mr Langton, counsel for the defendant, wrote to the plaintiff in an effort to reach agreement, no response was forthcoming. The defendant has filed extensive submissions and material in support of its application for costs against Ms Patel. While the plaintiff has elected not to file submissions, an affirmation has been filed by the...

5. [2015] NZSSAA 006, 13 February [pdf, 39 KB]

   ...one year from the date of application for Unsupported Child’s Benefit. [7] The term “principal caregiver” is defined in s 3 of the Social Security Act 1964 as meaning “the person who in the opinion of the Chief Executive has the primary responsibility for the day to day care of the child other than on a temporary basis”. [8] A consideration of whether or not there has been a breakdown in the child’s family such that the child’s natural parents are unable to care for the...

6. ADU v ZWG Ltd [2013] NZDT 223 (7 June 2013) [pdf, 63 KB]

   ...costs are payable by the hirer. The note attached to Clause 14 states that in the unlikely event of a mechanical problem, repair costs will be borne by the owner. [9] The relevant terms of the contract to consider in relation to the hirer’s responsibilities in the Agreement to Hire are Clause 9 and 10(f). In Clause 9, the hirer is required to take all reasonable care in handling the vehicle. The cost of insuring the vehicle during the period of hire is includ...

7. AAC v ZZX [2012] NZDT 33 (17 August 2012) [pdf, 64 KB]

   ...that, where a person suffers damage as the result partly of his own fault and partly of the fault of another person, the damages recoverable shall be reduced to such extent as is just and equitable, having regard to that person’s share in the responsibility for the damage. [6] Section 52 of the Dog Control Act provides that an owner must keep a dog under control at all times. Section 52A provides that a dog on its owner’s land must either be under direct control at all times...

8. U v F LCRO 26 / 2009 (6 April 2009) [pdf, 17 KB]

   ...deal with filth like you”. This allegation appears to have been first made when Complainant U responded to Lawyer F’ reply to his complaint on 21 November 2008. [11] Complainant U responded to Lawyer F’ reply on 29 November 2008. In that response he states that the encounter referred to occurred at reception and that she said “I didn’t do a seven year law degree to deal with people like you”. Lawyer F denied that she spoke in such a manner to Complainant U stating in an...

9. Dermot Nottingham, Philip Nottingham, Robert McKinney & Property Bank Realtor Limited v The Real Estate Agents Authority (CAC 10057) & Martin Honey [2017] NZREADT 69 [pdf, 108 KB]

   ...of their appeal to the Tribunal, and the admissibility of evidence at the re-hearing. [9] The appellants set out seven grounds in support of the applications, and referred to affidavits and legal submissions to be filed on 23 November 2017. In response to an enquiry from the Tribunal’s case manager on 23 November, the appellants advised that something would be filed the following day. No affidavits or submissions had been filed as at the close of the Tribunal’s office hours on...

10. Taranaki Standards Committee v Flitcroft [2010] NZLCDT 36 [pdf, 176 KB]

    ...his sloppiness, at least had been somewhat misled by his employer having adopted less than scrupulous practices concerning solicitor’s certificates and trust account cheques. [9] It was accepted that on occasion certificates were signed by the responsible partner before being absolutely completed; in respect of, for example, insurance details. This was done on the understanding that the staff member handling the transaction would ensure that all details were attended to so that t...