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1. A Nair v Devi [2014] NZIACDT 32 (19 March 2014 ) [pdf, 147 KB]

   ...that approach, and accordingly this decision will deal with the complaint based on potential breached of the Code of Conduct rather than the other grounds which were baldly alleged. [11] The interim decision invited the adviser to reflect on her response and provide any further material she wished. She is a professional who was required to keep and maintain records of her professional engagement; the Tribunal invited her to explain why this engagement appeared not to have reached a succe...

2. AS v DV LCRO 14/2014 (5 August 2014) [pdf, 161 KB]

   ...Zealand Law Society (NZLS) and Mr DV’s fees of $30,496.99. [2] In a letter to Mr DV sent very shortly after he laid his complaint, Mr AS said he does did not “deny the account or the professional aspect”.1 He agrees he is professionally responsible for Mr DV’s fees, but says there are a number of reasons why he has not paid them since Mr DV rendered his final invoice dated 31 July 2008. [3] Mr AS acknowledges that he has not taken any steps to formally dispute Mr DV’s...

3. BORA Education (Update) Amendment Bill [pdf, 148 KB]

   ...permitted to do so while they are open. of Religious Studies; any other proportion of teaching positions provided for in the school’s integration agreement; and deputy principal at a primary school or a position of assistant principal with responsibility for supervising junior classes, and c. new section 465 – provides that where an advertisement for a position as specified in new s 464(1) states the requirement of a willingness and ability to take part in religious instructio...

4. Broughton - Horowhenua 11B36 Sec 2L4A Kaiwiu Marae (2020) 424 Aotea MB 20 (424 AOT 20) [pdf, 260 KB]

   ...to remain in the meeting and said nothing but that she acknowledged, almost stridently, that she also advocated on behalf of her candidate compounded the original conflict. [24] It is a fundament duty of trustees to understand their duties and responsibilities. Central to those duties is the obligation not to profit and not to put themselves in a position of conflict of interest. On this occasion both trustees who were directly affected should have 11 Fenwick v Naera [2016] 1...

5. Deputy Registrar - Lot 1 DP 17494 Part Section 2345 New Plymouth (old Railway Station) (2017) 374 Aotea MB 81 (374 AOT 81) [pdf, 277 KB]

   ...annual accounts for the last three years, identifying any anomalies or significant variances compared to previous years, and will also submit copies of the last three annual general meeting minutes. [4] In addition, the trustees will provide a response in their report to the allegations that are now in the public domain concerning the trust and its funds. The report and the documents requested should be filed with the Registrar on or before 1pm 31 July 2017. [5] The trustees wi...

6. [2017] NZEnvC 082 PowerCo Limited v Thames-Coromandel District Council [pdf, 933 KB]

   ...draft order proposed by other parties; and (b) identify any expert evidence he would propose to call in relation to those issues at a hearing of the appeal. Page 3 [6] The Appellant and the Respondent were directed to file and serve their responses to such particulars and identify any expert evidence they would call. The other parties under s 274 of the Act were given an opportunity to participate in the same way. The Court's decision [7] Having received the parties&#03...

7. [2017] NZEnvC 082 PowerCo Limited v Thames Coromandel District Council [pdf, 933 KB]

   ...draft order proposed by other parties; and (b) identify any expert evidence he would propose to call in relation to those issues at a hearing of the appeal. Page 3 [6] The Appellant and the Respondent were directed to file and serve their responses to such particulars and identify any expert evidence they would call. The other parties under s 274 of the Act were given an opportunity to participate in the same way. The Court's decision [7] Having received the parties&#03...

8. [2019] NZEnvC 037 Queenstown Airport Corporation Ltd [pdf, 157 KB]

   ...have expected the District Council to have remained neutral as to costs given that the proceedings involve the compulsory acquisition of private land. In common with QAC, it submits an award of 20% of costs incurred is reasonable. QlOC and QAC response to RPl's opposition to costs [16J As QlDC and QAC raised similar matters in response, it is convenient to address the ir submissions together. [17J Counsel point out that the court was not addressing the compulsory acquisition...

9. NT v AD [2021] NZDT 1665 (18 October 2021) [pdf, 161 KB]

   ...to that plan in this case. 11. AD says this is not the case. They say that the Asset Management Plan requires all PRVs to be checked every 6 months, serviced every 7 years and replaced every 35 years. They say that in addition they have a target response time of 24 hours for complaints about water reticulation issues such as low or high pressure. AD say that this maintenance and response time plan is a reasonable one, and that it was adhered to in this case. 12. AD have provided th...

10. [2021] NZEmpC 125 McKinlay v Wellington Cosmetic Clinic Ltd [pdf, 233 KB]

    ...best it could be said that he has sought an order to protect his professional reputation. There are two responses to this point. The first is that he personally was not the employer. WCCL, a company of which Dr Jones was a director, held that responsibility. Dr Jones was one of its two directors. I accept Mr McKenzie-Bridle’s submission that the presumption under the Companies Act 1993 is that directors are required to be identifiable persons.18 [34] A related point is that th...