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1. Kern v Chief Executive Ministry of Social Development (Strike-Out Application) [2014] NZHRRT 50 [pdf, 53 KB]

   ...he intended filing an amended statement of claim. That email has not been replied to by Mr Kern. The filing of the strike-out application [10] On 14 August 2014 MSD applied to have the proceedings struck out or dismissed on the grounds that: [10.1] Mr Kern had failed to comply with the direction that an amended statement of claim be filed. 4 [10.2] The claim as presently pleaded fails to disclose a tenable cause of action. [10.3] The proceedings are being used for an imprope...

2. 2011 NZCA 141 [pdf, 109 KB]

   ...[2009] NZCA 145. 8 R v AM [2010] NZCA 114, [2010] 2 NZLR 750. 9 At [159]. 10 R v V (CA57/04) CA57/04, 14 July 2004. 11 R v T (CA674/07) [2008] NZCA 157. 12 R v M (CA477/07) [2008] NZCA 168 at [10]. 13 R v I (CA70/08) [2009] NZCA 101 at [15]. The offending in this case was very similar to Mr Webster’s. [33] We also consider Judge Joyce’s 60 per cent figure is very consistent with this Court’s decision in R v AM, even though Judge Joyce did not have the bene...

3. BT v DC [2020] NZDT 1334 (10 August 2020) [pdf, 200 KB]

   ...equity against Ms C when there is a claim that can also be made in law against Mr D. A claim in negligence against Mr D is not within the jurisdiction of the Tribunal, as the loss does not involve damage to physical property and is purely economic (s10(1)(c)). In any case, regardless of whether this would create an access to justice issue, it is not contrary to the substantial merits and justice that the funds be sought from the person who used them, provided that person had knowledge of...

4. Ly v Navarette-Scholes [2015] NZIACDT 16 (06 March 2015) [pdf, 88 KB]

   ...Conduct). Clause 3 of the Code of Conduct relates to business management in a licensed immigration adviser’s practice. [10] The Statement of Complaint identifies the Registrar considered there was potential support for the Tribunal to conclude: [10.1] Ms Navarette-Scholes met with the complainant and her niece a number of times in respect of immigration issues. She knew they wanted her to submit a visa application for her niece’s fiancé (the applicant). 3 [10.2] She...

5. Bell v Shadforth [2018] NZIACDT 1 [pdf, 109 KB]

   ...necessary to go beyond the factual findings accepted by Ms Shadforth or to take any further steps in relation to this complaint. The Statement of the Complaint The factual background [10] The Registrar identified the following factual background: [10.1] Ms Shadforth maintained a website promoting her professional practice which displayed logos of the New Zealand Association for Migration and Investment and the Canterbury Chamber of Commerce. [10.2] The website also stated that M...

6. DKD v Smith [2019] NZIACDT 82 (12 December 2019) [pdf, 78 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]. 6 (1) Failing to inform the complainant in a timely manner that an invitation had been issued and then failing to submit a residence application prior to the expiry of the invitation, thereby being negligent,...

7. [2023] NZEmpC 136 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 214 KB]

   ...the information. Here, the information sought was intended to be confidential as between the employees involved and the University. It is personal information and, 8 Nel v ASB Bank Ltd [2017] NZEmpC 56, [2017] ERNZ 297 at [81]-[110]. 9 At [101]. in some if not all cases, will be sensitive for the employees involved. They will have assumed the information would be known only to a few people at the University. They certainly would not have expected Associate Professor...

8. NZCVS-Cycle-5-Impact-of-COVID-Perceptions-of-safety-v2 [xlsx, 121 KB]

   ...safety - Estimates and Sampling error Before COVID-19 nationwide lockdown After COVID-19 nationwide lockdown Perception of safety1 % of adults % MoE (±) % MoE (±) 0 to 6 (least safe) 10.80 0.59 10.63 0.71 7 12.85 0.77 12.04 0.78 8 26.37 1.01 24.42 1.07 9 22.88 0.84 24.08 1.00 10 (most safe) 27.10 0.96 28.84 1.05 # Percentage has a margin of error between 10 and 20 percentage points or the estimate/mean has a relative sampling error between 20% and 50% and should be us...

9. Pine - Estate of Waina Nicholson (2017) 58 Takitimu MB 123 (58 TKT 123) [pdf, 273 KB]

   ...not contested, and a formal grant of administration is not necessary. Despite that, the general rule remains that estates should be administered pursuant to a grant of administration unless a relevant exception applies. This is supported by ss 101 and 117 of the Act and ss 24 - 25, and 64 – 67 of the Administration Act 1969. [32] Section 118 of the Act is to allow the Court to grant orders for succession in straightforward cases where a formal grant of administration is not necessar...

10. Nisha v Devi [2011] NZIACDT 23 (7 July 2011) [pdf, 90 KB]

    ...required. [9.2.3] Dated 17 May 2010, indicating the application was closed due to lack of progress. [10] The parties were informed the papers presently before the Tribunal appeared to leave open the conclusions that: The Adviser’s role [10.1] The Adviser was the only licensed immigration adviser engaged by the company through which she provided immigration services and she was responsible for the professional relationship with the Complainant throughout. Failure to act competen...