Search Results

1. [2018] NZEmpC 125 Rightway Ltd v Burwell [pdf, 263 KB]

   ...outcome of the Kazemi case. That certainly would be the case if her matter was investigated by the Authority and then there was a challenge. [14] While RightWay says that judgment in the Kazemi case would likely lead to RightWay adopting a responsible approach in Ms Burwell’s case, leading to settlement of the common aspects, of course neither party can guarantee that. If Ms Kazemi is unsuccessful, Ms Burwell will need to consider whether her case has material differences that...

2. [2022] NZEnvC 053 G & T Family Trust v Western Bay of Plenty District Council [pdf, 257 KB]

   ...December 2020; (d) it took between January 2020 and November 2021 for the Council to agree to a grant of consent to the application, resulting in difficulties for Dame Noeline Taurua, Mr Goldsmith and their family as to living in their home. Response of Western Bay of Plenty District Council The Council filed a response to the application on 7 March 2022, denying the Trust’s submission that it had failed to perform its duties properly. The Council submits that, in the circu...

3. Compliance assurance and auditing policy 7 May 2021 [pdf, 278 KB]

   ...the documentation or explanation within ten working days. If… Then… the Customer supplies a satisfactory explanation the Ministry records its findings, and closes the compliance assurance check. the Customer supplies an unsatisfactory response, or does not respond the Ministry records its findings, and refers the matter to the audit process. Outcomes of assurance checking Actions taken When a compliance assurance check of a Customer has been completed, the Ministry may t...

4. NT v GD Ltd [2022] NZDT 177 (20 September 2022) [pdf, 111 KB]

   ...the applicant and to the respondent about whether the applicant or the respondent should be requesting a refund. This inconsistent information was provided to the parties by the airline and while this has certainly delayed the applicant receiving a response from [Airline 1] about a refund, it has not prevented the applicant seeking a refund or removed the applicant’s ability to seek a refund. CI0301_CIV_DCDT_Order Page 3 of 4 If so, what remedy is available to the appl...

5. LCRO 124/2018 BK v [Area] Standards Committee (25 February 2020) [pdf, 140 KB]

   ...at least two out of five New Zealand trusts. • The lawyer was entitled to rely on advice from senior counsel. • The lawyer’s evidence was obviously circumspect and appropriate. • The Committee gave insufficient weight to the lawyer’s responsible attempt to correct an aspect of judgment. Had the recommended correction been accepted, it would have dispelled the misleading impression said to have arisen from a paragraph of their witness statement. [11] The Review Officer cons...

6. 2022-03-10-Minute-as-to-access-to-manifesto-and-footage.pdf [pdf, 167 KB]

   ...part of client files at the conclusion of this inquiry; iii. Counsel are at all times required to keep the hardcopy of the Manifesto physically secure and subject to robust access controls. (d) Interested Parties, or their counsel, will be responsible for assessing the need for and implementing appropriate support to mitigate the impact of the viewing the Manifesto. Additional support may be available through Victim Support specialists upon request. [13] I remind all Intereste...

7. Working with victims and perpetrators of sexual violence and family violence [pdf, 117 KB]

   Introduction New Zealand has high rates of family violence and sexual violence. The Ministry is committed to providing the best response it can to people affected by family violence and sexual violence. It’s important that participants feel safe and supported by the people they interact with, including legal aid lawyers. What to do if you suspect your client is a victim of family violence or sexual violence Family violence and sexual violence can include: Phy...

8. [2012] NZREADT 62A - Real Estate Agents Authority (CAC 10063) v Sant Raj (31 July 2012) [pdf, 114 KB]

   ...signatures of Sant Raj and that it is her opinion that the evidence points towards a signature as probably being completed by Sant Raj. [7] Mr Raj himself has not chosen to appear but the Tribunal do have some information from him contained in his response to the charge which was filed by him on 4 April 2012. He neither denied nor admitted the charges and says that he denies having given any stated to Ross Gouverneur, a senior investigator of the REAA and he says: “By virtue of...

9. BN v NI [2022] NZDT 130 (22 August 2022) [pdf, 195 KB]

   ...Tribunal. Items such as heat pumps (these days one of the most common items in disputes about this clause) must be in reasonable working order on the day of settlement. Breakdowns in the equipment prior to settlement day are usually the vendor’s responsibility; breakdowns after settlement day are usually the purchaser’s responsibility. CI0301_CIV_DCDT_Order Page 2 of 3 7. In this case BN raised with the real estate agent that he was concerned that the heat pump might be lea...

10. [2023] NZEmpC 88 Carrington Resort Jade LP v Roy [pdf, 174 KB]

    ...faith report issues. She is entitled to an award for those costs. Absent agreement between the parties, she is invited to apply to the Court by memorandum filed and served within 20 working days of the date of this judgment. Any memorandum in response from Carrington is to be filed and served within a further 15 working days, with Ms Roy entitled to file and serve a memorandum in reply within a further five working days. Costs on this matter then will be determined on the papers...