Search Results

1. Cook v Manawatu Community Law Centre [2021] NZHRRT 10 [pdf, 261 KB]

   ...for any other purpose; namely in an employment dispute. [85.3] MCLC also used information about her obtained on 8 July 2016 and 3 March 2017 in an employment context, unauthorised by her, in breach of IPP 10. [85.4] None of the exceptions in IPP 10(1)(a) to (g) apply. [86] MCLC submits that: [86.1] There has been no breach of IPP 10 because MCLC never used, distributed or disclosed the information it received from WINZ for a different purpose than that for which it was obtained....

2. [2022] NZIACDT 3 - IL v Khetarpal (10 February 2022) [pdf, 140 KB]

   ...Disciplinary Tribunal [2017] NZHC 376 at [93]. 4 Section 50. 5 Section 51(1). 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151]. 7 Z v Dental Complaints Assessment Committee, above n 6, at [97], [101]–[102] & [112]. 6 Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, and … Legislative requirements 3. A licensed immigration adviser...

3. [2023] NZEnvC 252 Woodgate v Palmerston North City Council [pdf, 184 KB]

   ...reasonable” assessment was all that was required, conducted a de novo assessment in accordance with the parties’ 4 Mawhinney at [55]. 5 Country Lifestyles Ltd v Auckland Council [2022] NZEnvC 247 (Country Lifestyles). 6 Mawhinney at [101]. 7 Mawhinney at [104]. 8 Far East Investments Ltd v Auckland City Council A048/01 at [41]. 6 preference. [16] Conversely, in Country Lifestyles, the Court determined that “a ‘fresh view’ of the Council’s decision unde...

4. DC v JBD Ltd [2021] NZDT 1379 (11 March 2021) [pdf, 203 KB]

   ...means there were 4 people in and around the area that RI left the paintings. 18. RI says that she transported the paintings from BP by Uber. Paintings were transported in the boot of the car. RI is not sure whether, because of its size (B is 101 cm x 76 cm), it was transported in the boot or the back seat of the car. 19. ME gave evidence via telephone. ME said he is certain that B was not one of the paintings delivered on 29 July 2019. ME said he would have recognised it. Howe...

5. Liufau v Letalu [2014] NZIACDT 92 (18 September 2014) [pdf, 174 KB]

   ...appropriate standards of conduct are maintained in the occupation concerned. [10] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [10.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [10.2] Demanding minimum standards of conduct: Dentice v Value...

6. Kern v Chief Executive Ministry of Social Development (Strike-Out Application) [2014] NZHRRT 50 [pdf, 53 KB]

   ...he intended filing an amended statement of claim. That email has not been replied to by Mr Kern. The filing of the strike-out application [10] On 14 August 2014 MSD applied to have the proceedings struck out or dismissed on the grounds that: [10.1] Mr Kern had failed to comply with the direction that an amended statement of claim be filed. 4 [10.2] The claim as presently pleaded fails to disclose a tenable cause of action. [10.3] The proceedings are being used for an imprope...

7. 2011 NZCA 141 [pdf, 109 KB]

   ...[2009] NZCA 145. 8 R v AM [2010] NZCA 114, [2010] 2 NZLR 750. 9 At [159]. 10 R v V (CA57/04) CA57/04, 14 July 2004. 11 R v T (CA674/07) [2008] NZCA 157. 12 R v M (CA477/07) [2008] NZCA 168 at [10]. 13 R v I (CA70/08) [2009] NZCA 101 at [15]. The offending in this case was very similar to Mr Webster’s. [33] We also consider Judge Joyce’s 60 per cent figure is very consistent with this Court’s decision in R v AM, even though Judge Joyce did not have the bene...

8. BT v DC [2020] NZDT 1334 (10 August 2020) [pdf, 200 KB]

   ...equity against Ms C when there is a claim that can also be made in law against Mr D. A claim in negligence against Mr D is not within the jurisdiction of the Tribunal, as the loss does not involve damage to physical property and is purely economic (s10(1)(c)). In any case, regardless of whether this would create an access to justice issue, it is not contrary to the substantial merits and justice that the funds be sought from the person who used them, provided that person had knowledge of...

9. Ly v Navarette-Scholes [2015] NZIACDT 16 (06 March 2015) [pdf, 88 KB]

   ...Conduct). Clause 3 of the Code of Conduct relates to business management in a licensed immigration adviser’s practice. [10] The Statement of Complaint identifies the Registrar considered there was potential support for the Tribunal to conclude: [10.1] Ms Navarette-Scholes met with the complainant and her niece a number of times in respect of immigration issues. She knew they wanted her to submit a visa application for her niece’s fiancé (the applicant). 3 [10.2] She...

10. Bell v Shadforth [2018] NZIACDT 1 [pdf, 109 KB]

    ...necessary to go beyond the factual findings accepted by Ms Shadforth or to take any further steps in relation to this complaint. The Statement of the Complaint The factual background [10] The Registrar identified the following factual background: [10.1] Ms Shadforth maintained a website promoting her professional practice which displayed logos of the New Zealand Association for Migration and Investment and the Canterbury Chamber of Commerce. [10.2] The website also stated that M...