Search Results

1. Carley (INZ) v B [2015] NZIACDT 96 (17 November 2015) [pdf, 179 KB]

   ...particulars were: 3 [7.1.1] She was the sole licensee in the practice where she worked since March 2009, and was responsible for all immigration work in the practice. [7.1.2] She was aware of the applications, which she submitted under her licence, and accordingly was responsible for them. [7.1.3] The documents were fraudulent, and Ms B had not carried out her duties with due care, diligence and professionalism. [7.2] Ms B was negligent, which is a ground for complaint u...

2. [2015] NZEmpC 200 South Pacific Meats Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 177 KB]

   ...12 See Semayne v Gresham (1604) 5 Co Rep 91a, 77 ER 194 (KB) at 195 (“the house of everyone is to him as his castle and fortress”) and Entick v Carrington (1765) 2 Wils KB 275, 95 ER 807 (KB). 13 For example the implied licence of a member of the public to enter onto private property to communicate with the property owner (Robson v Hallet [1967] 2 QB 939 (QB)), although they must leave if requested to do so. See also Tararo v R [2010] NZSC 157, [2012] 1 NZLR

3. Graham - Parish of Komakorau Lot 240B 2 (2014) 80 Waikato Maniapoto MB 260 (80 WMN 260) [pdf, 185 KB]

   ...(b) cancel the reservation: (c) redefine the purposes for which the reservation is made: (d) redefine the persons or class of persons for whose use or benefit the reservation is made. (6) No notice under this section shall affect any lease or licence, but no land shall be set apart as a Maori reservation while it is subject to any mortgage or charge. (7) The court may, by order, vest any Maori reservation in any body corporate or in any 2 or more persons in trust to hold and admin...

4. Reid v Fire Services and Crown Law (Recall Application) [2012] NZHRRT 27 [pdf, 95 KB]

   ...whom it relates, in a way that makes it clear the decision is not of a preliminary or provisional kind, it is final. A final decision which is made in the exercise of a power which affects legal rights, including those arising from the grant of a licence, is irrevocable. So is any other decision made under a statutory power where the Act explicitly or implicitly provides that once finally exercised the power of decision is spent. That is the position under the common law. We must, however,...

5. Langdon v ACC [2014] NZACA 9 [pdf, 71 KB]

   ...skipper. The free laundry service and Company vehicle, meals, safety equipment i.e. clothing, Bed and bedding, Motel etc meals when delivering by road. Driving allowance all supplied by the company. Course and examination fees for all required licences and certificates.” [28] Mr Langdon described the full range of costs and allowances paid by the company for him to attend the Commercial Launchmasters course in Auckland and listed a range of allowances that come within the General...

6. McLeod v C Yap [2013] NZIACDT 19 (28 March 2013) [pdf, 177 KB]

   ...appeared to be open. Professional environment [40] Ms Yap works in an environment where it appears there were three or more licensed immigration advisers. 7 [41] The minute observed that it is not possible for a company to hold a licence, and the Code of Conduct makes it clear that it is necessary for a licensed immigration adviser to be identified, and hold written authority from a client (clause 2.1(h) of the Code). The Code does not leave open the possibility of...

7. [2016] NZEmpC 151 Carr, Labour Inspector v Sharma [pdf, 204 KB]

   ...will potentially limit his ability to enter some countries. For example, this conviction will make Mr Sharma ineligible for a Visa Waiver for the United States of America. 44. The conviction will not affect the Defendants Motor Vehicles sales licence and will not prevent him becoming a registered financial services provider. 45. In Counsels submission, though the direct and indirect consequences are limited the offence is minor in nature and the defendant's culpability lo...

8. Complaints Assessment Committee 304 v Foreman [2017] NZREADT 3 [pdf, 158 KB]

   ...(Rules): Particulars 1. The defendant was vendor, as one trustee of the Albany Family Trust, of a property at 40 Glenelg Road, Red Beach (Property), sold to Bernard and Susan Parker (Complainants) in February 2011. The defendant also acted as the licenced salesperson on the transaction, on behalf of the vendor trustees/trust. 2. Prior to entering into the agreement for sale and purchase of the Property, the defendant: (a) Withheld information that should, by law or fairness, have...

9. Complaints Assessment Committee (CAC 403) v Licensee B [2017] NZREADT 1 [pdf, 267 KB]

   ...The proper approach is that the Tribunal must: [a] consider whether the licensee’s conduct was disgraceful (the liability stage), then, if such a finding is made, [b] consider whether that conduct affects the licensee’s fitness to hold a licence: see s 36(1)(c) of the Act and (for example) the Tribunal’s decision in Revill v Registrar of the Real Estate Agents Authority.6 This enquiry is properly undertaken at the penalty stage. The factual issues [16] The Tribunal must f...

10. [2014] NZEmpC 143 O’Connor v Auckland University Students Assoc Inc [pdf, 441 KB]

    TOM O'CONNOR v AUCKLAND UNIVERSITY STUDENTS' ASSOCIATION INCORPORATED NZEmpC AUCKLAND [2014] NZEmpC 143 [8 August 2014] IN THE EMPLOYMENT COURT AUCKLAND [2014] NZEmpC 143 ARC 90/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN TOM O'CONNOR Plaintiff AND AUCKLAND UNIVERSITY STUDENTS' ASSOCIATION INCORPORATED Defendant Hearing: 23-25 June 2014 (heard at