Search Results

1. Naera v Fenwick - Whakapoungakau 24 Block (2011) 34 Waiariki MB 151 (34 WAR 151) [pdf, 193 KB]

   ...[76] Concerns with the tender process [82] Failure to comply with earlier directions [84] Conflicts of interest [92] Removal of proceedings to the High Court [94] Access to the BOT [100] Decision [101] 34 Waiariki MB 153 Introduction [1] The Applicants seek an injunction restraining the Respondents, the current trustees of Whakapoungakau 24 (“Tikitere Trust”) from, in effect, taking any further steps to implement the Tikite...

2. [2015] NZEmpC 82 Smith Crane and Construction Ltd v Hall [pdf, 226 KB]

   ...agreement could be concluded 3 Smith v Stokes Valley Pharmacy (2009) Ltd [2010] NZEmpC 111. 4 Blackmore v Honick Properties Ltd [2011] NZEmpC 152. 5 Smith v Stokes Valley Pharmacy, above n 3, at [101]. otherwise than by signing. 6 Counsel said that whilst a signature on a contractual document provides irrefutable proof of acceptance in the absence of fraud and unfair bargaining type issues, whether an agreement has...

3. [2017] NZEmpC 97 Nel v ASB Bank [pdf, 216 KB]

   ...and/or in respect of employees 8 New Zealand Fire Service Commission v New Zealand Professional Firefighters’ Union Inc [2005] ERNZ 1053 (CA) at [13], Milne v Air New Zealand Ltd [2014] NZEmpC 101 at [18], Ahmed v Connect Supporting Recovery Inc [2016] NZEmpC 127 at [14] and Kaipara District Council v McKerchar [2017] NZEmpC 55 at [162] – [163] and [190] – [193]. 9 Rapana v Northland Co-Operative Dairy Co Ltd [1998] 2 ERNZ 52...

4. Rzoska - Estate of Hineawe [2012] Chief Judge's MB 107 (2012 CJ 107) [pdf, 391 KB]

   ...Taiora Ratahi also known as Rakei Ratahi – At 61 Taranaki MB 166-168 dated 28 September 1954 vesting the interest in his son Tame Ratahi solely for Ngatikahumate 1M1 only. This land is Māori freehold land partitioned for a house site. At 101 Aotea MB 230-232 Rakei Taniora Daniel Ratahi remaining interests were vested in: No Name Portion 1 Terua Temutunga Ngakau Neena Ratahi (on 25 November 2004 at 147 Aotea MB 98-101) vested in the Terungakau Ratahi Whanau Trust 1/9 2...

5. INZ (Calder) v Cleland [2019] NZIACDT 25 (3 May 2019) [pdf, 252 KB]

   ...Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 11 Immigration Advisers Licensing Act 2007, s 50. 12 Section 51(1). 13 Section 53(1). 14 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [101]–[102] & [112]. 11 Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, … Legislative requirements 3. A licensed immigration adviser must:...

6. INZ (Calder) v Chiv [2019] NZIACDT 73 (21 October 2019) [pdf, 240 KB]

   ...Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 5 Section 50. 6 Section 51(1). 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 8 Z, above n 7, at [97], [101]–[102] & [112]. 8 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 advis...

7. Singh v Ryan - [2019] NZIACDT 76 (8 November 2019) [pdf, 293 KB]

   ...standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ in cogency, depending on the gravity of the charges.12 [101] The Tribunal has received a statement of complaint, dated 5 September 2019, from the Registrar, together with supporting documents. [102] Mr Ryan was invited by the Tribunal on 9 September 2019 to file a statement of reply to the Regi...

8. [2020] NZIACDT 54 - DY v Parker (21 December 2020) [pdf, 282 KB]

   ...[2017] NZHC 376 at [93]. 6 Section 50. 7 Section 51(1). 8 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 9 Z v Dental Complaints Assessment Committee, above n 8, at [97], [101]–[102] & [112]. 9 Submissions from Mr Parker [48] There is a statement of reply (20 April 2020) from Mr Moses. [49] According to counsel, Mr Parker maintains that he did not breach his professional obligations by delegating...

9. INZ (Calder) v Ji [2019] NZIACDT 50 (19 July 2019) [pdf, 246 KB]

   ...Immigration Advisers Complaints and 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] (citation omitted). 7 At [97], [101]–[102] & [112]. 14 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 advise...

10. [2021] NZIACDT 25 – RH v Ji (8 November 2021) [pdf, 211 KB]

    ...provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. 8 Z v Dental Complaints Assessment Committee, above n 7, at [97], [101]–[102] & [112]. 9 Conflicts of interest 5. Where a licensed immigration adviser is aware that there is a potential or actual conflict of interest relating to the client, including the existence of any financial or non-fi...