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1. Harris & Ors as Trustees of the Estuary Trust v Veltman [2010] NZWHT Auckland 19 [pdf, 231 KB]

   ............................................................................................. 36 Summary in relation to Quantum ................................................................... 37 DID THE OPPORTUNITY FOR INTERMEDIATE INSPECTION NEGATE THE IMPOSITION OF A DUTY OF CARE ................................................................ 38 THE LIABILITY OF KIM VELTMAN .................................................................. 45 DOES MR CHAPMAN OWE THE CLAIMANTS A DU...

2. [2024] NZIACDT 19 – SC v Murthy (21 June 2024) [pdf, 244 KB]

   ...solicitor, prior to filing the application. 3. Failing to recognise that the application was likely futile and to obtain the complainant’s written consent before proceeding. 4. Failing to conduct herself with professionalism, diligence and due care in failing to request the complainant’s previous immigration records and therefore failing to recognise he could not submit another application, in breach of cl 1 of the Code. 5. Failing to recognise that the complainant’s appli...

3. [2020] NZIACDT 28 - XA v Hill (29 June 2020) [pdf, 208 KB]

   ...for the information being provided to Immigration New Zealand on the residence application. Ms Hill had sent the residence form online to Immigration New Zealand and should have checked the information set out. A diligent adviser exercising due care would have checked any information inserted by a client. The wrongful conduct of Ms Hill was failing to check the details set out were correct at the time she had lodged the residence application. This was a breach of cl 1 of the Code....

4. [2019] NZEnvC 067 Minister for Children v Auckland Council [pdf, 3.3 MB]

   ...MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 0 " '7 of the Resource Management Act 1991 of a direct referral under s 198E of the Act of a Notice of Requirement by the Minister for Children to alter Designation 3800 'Care and Protection Residential Centre - Upper North' in the Auckland Unitary Plan (Operative in Part) MINISTER FOR CHILDREN Applicant (ENV-2019-AKL-000007) AUCKLAND COUNCIL Regulatory Authority Court: Principal Environment Judge...

5. Ward v Maccol Developments Ltd [pdf, 194 KB]

   ...E2 and B2 of the regulations made under the Building Act 1991. [36] The Owners also claim against the First respondent, Maccol in tort. The Owners say at law, Maccol owed them as immediate (and subsequent) purchasers, a non-delegable duty of care as the developer of their property to ensure that proper care and skill was exercised in the construction of the dwellinghouse on the development property. [37] The Owners claim that Maccol breached the duty of care by failing to ex...

6. [2022] NZIACDT 3 - IL v Khetarpal (10 February 2022) [pdf, 140 KB]

   ...failing to advise the complainant that her salary did not meet the threshold in immigration instructions required to support a dependent student visa and failing to file an application in the correct visa category for the son, thereby lacking due care, in breach of cl 1; (2) failing to inform the complainant about the District Court order regarding her licence status, in breach of cl 3(a); (3) failing to inform the complainant and obtain her instructions concerning Immigration NZ�...

7. OL Ltd v TG [2024] NZDT 312 (23 April 2024) [pdf, 168 KB]

   ...the matter to debt collectors on 31 December 2022. CI0301_CIV_DCDT_Order Page 2 of 4 6. The issues to be determined are: • Did TG agree to OL Ltd’s terms of engagement? • Did OL Ltd provide its advocacy services to TG with reasonable care and skill? • If not, what remedy is available to TG? Did TG agree to OL Ltd ’s terms of engagement and are the terms harsh or unconscionable? 7. I find that a contract was formed between TG and OL Ltd which included the terms...

8. LL v U Ltd [2024] NZDT 306 (24 April 2024) [pdf, 201 KB]

   ...by LL for negligence for the loss of the purchase price? (b) If not, Does the Disputes Tribunal have jurisdiction to consider a claim by LL for breach of the Consumer Guarantees Act 1993? (c) If so, did U Ltd provide it services with reasonable care and skill? Does the Disputes Tribunal have jurisdiction to consider a claim by LL for negligence for the loss of the purchase price? 4. LL explained that he purchased sound equipment from a seller advertised on the U Ltd site. 5....

9. XT v TT & C Ltd [2024] NZDT 622 (24 July 2024) [pdf, 286 KB]

   ...restrictions I proceeded with the charades to see how a major Insurance company manipulates an individual into making them feel responsible and get them to pay, to the point where I’m now threatened. … The claim against Mr TT Did Mr TT owe a duty of care to Mr XT? 17. The law of tort imposes a duty of care not to cause foreseeable harm to property belonging to another. The applicant has to show that Mr TT owed Mr XT a duty of care, breached the duty, and caused damage. 18. Th...

10. [2020] NZIACDT 30 - DMX v Guich (20 July 2020) [pdf, 113 KB]

    ...calculated the appeal period by relying on an out-of-date hard copy IPT guide. He did not review Immigration New Zealand’s letter setting out the correct appeal period, nor the IPT’s website. These were obvious steps to take. This degree of carelessness or negligence could not be described as minor. A competent, reasonable, prudent and diligent practitioner would not have calculated the appeal period in the way done here. [14] It was found that Mr Guich lacked diligence an...