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...Registrar of Immigration Advisers Registrar BETWEEN Andrej Stanimirovic Complainant AND Howard Levarko Adviser FINAL DECISION (SANCTIONS) REPRESENTATION: Registrar: Ms Jessica Ellison, lawyer, MBIE, Wellington Complainant: In person Adviser: Mr K Lakshman, Barrister, Wellington Date Issued: 20 June 2018 2 DECISION Preliminary [1] This complaint was upheld in the substantive decision Sta...
...merely negotiating. HD was under no obligation to continue with the negotiations, and was free to decide to proceed through his insurer instead. Did DK fail to give way? Was FT negligent in failing to provide adequate supervision? 5. The relevant law is the tort of negligence, which applies when someone breaches a duty of care to another person causing foreseeable damage. Drivers have a duty of care towards other drivers, which includes compliance with the provisions of the Land Transpo...
...control: (b) any act or omission, including accidental damage, by a person who is none of the following: (i) the building contractor: (ii) a subcontractor to the building contractor: (iii) a person for whom the building contractor is responsible in law..." 12. UF's submissions refer to a rain shower on the day of the concrete pour having affected the concrete layer's ability to power float the floor, or at least to have extended the process into the evening (with a n...
...person paid for a key. 148 Taitokerau MB 239 [5] Ms Sade filed a submission in reply, opposing the further applications for discovery. [6] On 30 March 2017, the applications for discovery were referred to me for determination. The Law [7] Rule 6.20 of the Māori Land Court Rules 2011 (“the Rules”) states: 6.20 Discovery (1) On the application of any party to a proceeding, the Court may order any other party to the proceeding to give discovery of the documents, wh...
...living in New Zealand; and met with Mr SNJ, the principal of the company. [6] Mr SNJ submitted a residence application in August 2008. [7] On 25 January 2010 the application was declined, and Mr SNJ failed to notify Ms KIT. [8] Mr SNJ was acting unlawfully by providing immigration advice. He was formerly a lawyer who had been struck off with effect from 6 October 2008, and he was never a licensed immigration adviser. He continued to provide immigration advice after he was struck off....
...the clearance is associated with the maintenance of existing fire breaks; (g) where the clearance is within existing crop or pasture and is for the purpose of cultivation or pasture maintenance where the indigenous vegetation has grown from a previous lawful clearance carried out under the RMA and the indigenous vegetation is less than 10 years in age; (h) where the clearance is associated with the maintenance of an archaeological site where an authority has been obtained from Heritage New Ze...
...issues to be determined are: a) Was a binding contract formed and, if so, what was agreed regarding delivery? b) What sum, if any, is payable? Was a binding contract formed and, if so, what was agreed regarding delivery? 6. The common law of contract allows parties to enter into legally binding agreements. A contract need not involve a formal written document; an agreement can be formed by informal words, orally, or inferred from the parties’ conduct, so long as there is (as...
CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 235 APPLICANT XX RESPONDENT TD The Tribunal orders: XX’s claim against TD is dismissed. Reasons 1. Between October 2020 and February 2022, the Applicant (XX) underwent Invisalign dental treatment with TD. The procedure was expected to take 2 years, however after 1 and a half years, XX came to believe that there was no improvemen
...costs is found ins 285 of the Act, which gives the Court a general and unfettered discretion to make an award of costs. The Environment Court Practice Note 2014 sets out guidelines in relation to costs. However, it does not create an inflexible law or practice.2 Ngdti Paoa Trust Board v Kennerfy Point Boatharbour Limited [2021] NZEnvC 097 at [23]; Ngdti Paoa Trust Board v Kennerfy Point Boatharbour Limited [2021] NZEnvC 146 at [84]. 2 Canterbury Rtgi,onai Co1111cii v Waimakariri Dist...
...The grounds recorded by the Department have no basis in fact at all. Mr Tarrant having access to the Royal Commission Report poses no basis for being withheld. 2.4 The unfairness caused to Mr Tarrant by the Department’s unreasonable and unlawful approach is significant. As Mr Tarrant cannot access the report, he cannot consider its findings. As well as harming Mr Tarrant’s ability to correct factual errors in that report, the Department’s approach also restricts Mr Tarrant...