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1. [2024] NZIACDT 23 - FM v Yang (03 September 2024) [pdf, 263 KB]

   ...that of the ‘agent’ who facilitated communication between the adviser and the complainant. 6 Breaches of the Code 9. Failing to be honest, professional and diligent in his dealings with the complainant, appearing instead to delegate his responsibilities to the agent, in breach of cl 1. 10. Failing to obtain the complainant’s lawful instructions before proceeding with the complainant’s work visa application, in breach of cl 2(e). 11. Failing to disclose in writing to...

2. MJ v Accident Compensation Corporation (Leave to appeal to the High Court) [2025] NZACC 007 (14 January 2025) [pdf, 208 KB]

   ...[10] On 25 March 2009, Dr Conolly replied to a request for information from the Corporation about MJ’s current diagnosis and cause of diagnosis in order to determine whether she was eligible for weekly compensation. Dr Conolly’s handwritten response on the letter notes the current diagnosis and cause as “stress/depression/flashbacks” and “stress/depression/post- traumatic disorder”. Factors contributing to MJ’s inability are noted as “lack of confidence, lack of matur...

3. ZM v BQ [2025] NZDT 85 (27 February 2025) [pdf, 195 KB]

   ...the information that was available to him. CI0301_CIV_DCDT_Order Page 5 of 10 41. In December 2021, ZM obtained a 3-D scan from [Dentist]. [Dentist] advised her that her tooth was cracked. She provided this information to BQ. BQ’s response to the information is addressed in detail as a specific issue below. 42. In summary my findings are that: a. I can only address ZM’s claim within the framework of the Consumer Guarantees Act obligation to exercise reasonable car...

4. Wellington Standards Committee v Hall [2012] NZLCDT 7 [pdf, 117 KB]

   ...McBride & Partners3 at 90 where it was held: “A solicitor’s loyalty to his client must be undivided. He cannot properly discharge his duties to one whose interests are in opposition to those of another client. If there is a conflict in his responsibilities to one or both he must ensure that he fully discloses the material facts to both clients and obtains their informed consent to his so acting. ‘No agent who has accepted an employment from one principal can in law acce...

5. Waikato Bay of Plenty Standards Committee 2 v Deobhakta [2013] NZLCDT 55 [pdf, 172 KB]

   ...the subject of complaint, and that this was prejudicial to Mr Deobhakta’s position. [8] It was also submitted for Mr Deobhakta that he had been quite clear about the scope of what he considered he was facing when he lodged his regulatory response3 to the charges. In that response he had said: “Response to charges On the assumption the two charges correspond to the two complaints in the Notice of Determination dated 15 February 2012 paragraph 2 (a) and (b) the former l...

6. [2015] NZEmpC 58 Hoff v The Wood Lifecare (2007) Limited Industries [pdf, 177 KB]

   ...behind the door. [The gardener] picked up a watering can. I would question why when we have had heavy rain for several days. The pot plants also belong to the owner of the Studio (her family as she is deceased) and are not the gardener's responsibility. [The gardener] is the gardener and does not need to have access through people's apartments without their permission. Debbie should not be unlocking the doors for [the gardener]. Debbie had finished work and th...

7. LCRO 172/2015 and 173/2015 WL v XC and HF v XC (16 May 2019) [pdf, 269 KB]

   ...3 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 4 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 8 Statutory delegation and hearing in person [34] As the Officer with responsibility for deciding these applications for review, I appointed Mr Robert Hesketh as my statutory delegate to assist me in that task.5 As part of that delegation, on 31 May 2018 at Auckland Mr Hesketh conducted a hearing at which Ms WL

8. 13.-Boyden-Evans-Natural-character.pdf [pdf, 14 MB]

   ...agreed the overall post- development ratings of the catchments and selected crossing points. 20. The team workshops provided a robust and collaborative approach to the natural character assessment process. Approach to mitigation 21. In the response to the section 92 request for further information, the team's approach to mitigation was further clarified. In particular, when assessing the Page 7 "post-development" state of natural character, the team assess...

9. 2021-08-02 ORC - MOC - in response to directions issued at PHC [pdf, 373 KB]

   ...intended to regulate land uses under section 9 in relation to animal effluent storage and also discharges of animal effluent under section 15 of the RMA. 12 New Policy 7.D.7 and 7.D.8: changes were agreed to these two overarching policies in response to submissions on the two provisions and the outcomes of the expert witness conferencing on the rules. 13 The discharge rules comprise of the following rules: (a) Prohibited activity Rule 12.C.0.4; This rule prohibits the discharge...

10. IPT Practice Note 2/2024 Refugee and Protection [pdf, 512 KB]

    ...to the Act and Regulations — section 222(4). The proceedings of the Tribunal in any particular case may be, as the Tribunal thinks fit, of an inquisitorial, adversarial or mixed nature — section 218. However, the appellant has a statutory responsibility to establish their 8 case and to ensure that all information, evidence or submissions they wish to have considered are provided to the Tribunal — section 226(1). [2.5] Subject to the right of appeal to the High Court...