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  1. Affidavit in support of application for property order [pdf, 110 KB]

    ...applies] a property order. a review of the property order dated ………………………………………. appointing ………………………………..……….…. as property manager/s). 5. I confirm I am familiar with the responsibilities and duties of a property manager pursuant to the Act. 6 . I confirm that to the best of my knowledge the person [ select the option that applies] is domiciled or is ordinarily resident in New Zealand; the person o...

  2. [2006] NZEmpC AC 5A/06 Westpac Banking Corporation v Smythe [pdf, 30 KB]

    ...different conclusion. [2] Mr Sharp took advantage of that opportunity by filing a memorandum in which he submitted that an award of costs and disbursements should be made in favour of the defendant. For the plaintiff, Mr Rooney filed a memorandum in response, supporting my preliminary view that no award of costs or disbursements should be made. [3] The memoranda of both counsel were detailed and contained references to relevant authorities. I have considered them in full and deriv...

  3. Jhanji v Kumar [2015] NZIACDT 71 (03 June 2015) [pdf, 118 KB]

    ...then repaid the $4,400 and lied to the Registrar about doing so. [2] Aside from the dishonesty, the complaint includes that Mr Kumar was unprofessional, failed to provide a refund and did not document his fees properly. [3] Mr Kumar did not file a response to the allegations. The Tribunal upheld the complaint. The complaint [4] The Registrar’s Statement of Complaint put forward the following background as the basis for the complaint: [4.1] On 29 July 2013, the complainant engaged...

  4. Dawson v Dawson - Orohaki 894B Ahu Whenua Trust (2015) 29 Te Waipounamu MB 161 (29 TWP 161) [pdf, 174 KB]

    ...for harvesting of the trees and division of the proceeds between the trust, Bill, and his siblings. [5] The application was timetabled for hearing with both the applicant and Bill Dawson filing affidavit evidence and legal submissions. [6] In response to the application, Bill Dawson said he planted the trees in 1986 pursuant to a verbal agreement with his father, and that the real issue for the Court was the determination of his own equitable interest in the trees and how the harves...

  5. Samisoni v Tangilanu [2015] NZIACDT 34 ( 23 March 2015) [pdf, 84 KB]

    ...she was in New Zealand unlawfully, the more adverse the potential immigration consequences would likely be. She had sought professional assistance, and that assistance needed to follow through with communication with Immigration New Zealand, and a responsible course of action to address the complainant’s situation. What Ms Tangilanu did was to make an inquiry with Immigration New Zealand, which would alert Immigration New Zealand to the complainant’s unlawful status. She failed to tak...

  6. Uatahausi v Hakaoro [2015] NZIACDT 32 (17 March 2015) [pdf, 131 KB]

    ...care and professionalism, when he unrealistically told the complainants their application would be successful; and when he provided inadequate submissions to Immigration New Zealand, which in fact supported Immigration New Zealand’s concerns. The responses [8] Mr Hakaoro did not file a statement of reply. He belatedly applied to have the complaint referred back to the Registrar. In a separate decision, the Tribunal declined that application, on the grounds there is no justification f...

  7. AH v Secretary for Justice 17 August 2012 NZRA 000011 [pdf, 122 KB]

    ...October 2001 to March 2011. 3 c. That all assignments were completed without complaint by the aided person or the Legal Services Agency. d. That his lengthy and satisfactory service should be taken into account. 13. The Secretary’s response to the application for review is as follows: a. A Parole Board Hearing is not an example that comes within the definition of a Category 3 proceeding. b. The Applicant did not demonstrate that he met the competence and experience r...

  8. Taueki - Horowhenua 11 (Lake) Māori Reservation Trust (2012) 279 Aotea MB 101 (279 AOT 101) [pdf, 112 KB]

    ...Whenua Māori Act 1993, in order to assist the Court with the proceedings affecting this application, to engage an independent chairperson to facilitate a meeting of owners for the purpose of: 1. holding an election to appoint an additional responsible trustee to the Horowhenua 11 (Lake) Māori Reservation Trust; and 2. ratification of the terms of trust for Horowhenua 11 (Lake) Māori Reservation Trust by the beneficiaries. c) Section 40(1)(e) to engage a service provider, n...

  9. Barns - Lot 39A 2A and Lot 30A 2B 2B 2A Parish of Matata (2012) 59 Waiariki MB 242 (59 WAR 242) [pdf, 126 KB]

    ...majority resolution. Procedure for this application [3] When this application was received it was directed that a copy of the application be served on Mr Lawrence Niao and Mrs Rintoul. They were given time to respond. [4] Mr Niao’s first response was by email of 12 June 2012 where along with numerous submissions he sought a time extension of 14 days to allow him time to seek his solicitor’s advice. Mr Niao then responded further by submission dated 18 June 2012 and an emai...

  10. [2014] NZEmpC 185 O'Connor v Auckland University Students Association costs [pdf, 120 KB]

    ...the unsuccessful party to contribute. A starting point of two- thirds is generally regarded as helpful in ordinary cases. However, careful attention must be given to factors said to justify an increase or a decrease. 7 [18] Counsel for AUSA has responsibly acknowledged that costs incurred by out-of-town counsel being engaged cannot be claimed. Making an adjustment to the invoiced sum by excluding disbursements relating to flights, accommodation and meals, the costs of AUSA are ap...