Search Results

1. Singh v Golian [2017] NZIACDT 14 (12 September 2017) [pdf, 189 KB]

   ...wished to pursue. [3] The adviser recommended that the complainant pursue a different approach to the one the complainant proposed. Instead, he suggested that the complainant should lodge an appeal on humanitarian grounds with the Immigration Protection Tribunal (“IPT”), and make a formal complaint to Immigration New Zealand (“INZ”) regarding its decision to decline his application for a work visa. After those approaches failed, the adviser recommended that the complainant...

2. Linney v Hart [pdf, 89 KB]

   ...‘tanking’ suitable for preventing moisture ingress into the dwelling. (Refer to Footnotes 1 at end of this section). iv) Backfill with drainage aggregate. 5.3.12 Replace damaged sections of wall cladding. Complete the wall cladding to ensure full protection from rain water and moisture vapour. 5.3.13 Seal the gap between fibrous cement ‘weatherboards’ and the sheet cladding below. Garage/Entranceway 10 Claim 1083:Determination 5.3.14 Field drains for...

3. Piper v Real Estate Agents Authority (CAC 408) & Ors [2017] NZREADT 32 [pdf, 239 KB]

   ...[8] In its substantive decision, the Committee upheld the complaints set out at paragraphs [7][a] and [c], above, finding that the appellants had breached a number of the Rules in the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). The Committee did not uphold the complaints set out at paragraphs [7][b], [d], and [e]. In its penalty decision, the Committee made orders censuring or reprimanding each of the appellants, ordered Mr Ebert...

4. Family Court Rewrite Submission - Court Staff Member (2) [pdf, 182 KB]

   ...that this takes place every three years. Agreed PTS be kept as a free service. Agreed. 3 Out-of-court processes Introduction of Family Dispute Resolution (FDR) FDR should be available at the most appropriate time for parents, caregivers and their whänau, whether or not an application to court has been made. Agreed. Where an application to court has been made but FDR not undertaken, the matter be referred to FDR, unless good reasons are given not to (rebuttab...

5. TB v KP LCRO 174/2016 [pdf, 167 KB]

   ...recently engaged by Mr KP’s firm, sent a reply in terms contending that Ms CT’s letter had asserted “unsubstantiated threats”.1 The letter went on to refer to various provisions of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 so as to suggest breaches of those by Ms CT. The letter ended with a suggestion that Ms CT should “seek independent legal advice regarding legal professional ethics”. [4] Mr TB’s initial reaction to this lette...

6. [2016] NZEmpC 67 Bay of Plenty DHB v Rahiri [pdf, 143 KB]

   ...and only very general guidance can be drawn from the leading cases. This case is no exception. [10] It is also pertinent to note that the relevant legislation, that is the Act and appropriate parts of the so-called minimum code of legislative protection of employees, does not differentiate between classes of employees or, indeed, define employees for gate-keeping purposes, as ‘permanent’, ‘part-time’ or ‘casual’. All that the Act requires is that there was an employmen...

7. ENVC Hearing 6Oct14 AT evidence chief Appendix A 2012 bylaw [pdf, 208 KB]

   ...Explanatory Note This bylaw made pursuant to section 22AB of the Land Transport Act 1998, allows for Auckland Transport as the road controlling authority to set requirements for parking and control of traffic on roads under the care, control, or management of Auckland Transport. This bylaw revokes and replaces transport-related bylaws made by the previous local authorities of Auckland. This explanatory note is for information purposes only and does not form part of th...

8. X Ltd v II [2021] NZDT 1539 (14 May 2021) [pdf, 169 KB]

   ...resulting in the amount claimed becoming $16,924.15. CI0301_CIV_DCDT_Order Page 2 of 8 [5] I have to decide: (a) if the provisions of section 31 of the Consumer Guarantees Act apply; (b) whether the works were carried out with reasonable care and skill and were fit for purpose; (c) if goods supplied were of an acceptable quality; (d) if XL was provided with an opportunity to remedy any failure and, if so, whether the failure was remedied; (e) if any of the works included i...

9. IX v AQ & AP LCRO 57 / 2012 (23 May 2012) [pdf, 111 KB]

   ...Messrs [AQ] and [AP] had deceived Mr [IX] into believing that the appeal to the Environment Court would be conducted under legal aid; and 2. Whether Mr [AP] had breached rule 9.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. This rule provides that “where a client may be eligible for legal aid, a lawyer must inform a client of this and whether or not the lawyer is prepared to work on legally aided matters”. [24] After considering all of the m...

10. [2011] NZEmpC 49 Katz v Mana Coach Services Ltd [pdf, 143 KB]

    ...the Defendant Judgment: 25 May 2011 JUDGMENT OF JUDGE A D FORD The issue [1] The issue in this case is whether the plaintiff is entitled to be indemnified by her employer for legal expenses she incurred in successfully defending a careless driving charge arising out of an accident occurring in the course of her employment. The end result of the criminal proceeding was that the plaintiff was discharged without conviction. The facts [2] The facts can be briefly stat...