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1. Chand v Devi [2014] NZIACDT 25 (14 March 2014) [pdf, 138 KB]

   ...jurisdiction over matters arising after that time and this decision will not consider them. The adviser’s response [10] The adviser responded to the Statement of Complaint with a Statement of Reply. The adviser said she was a “voluntary worker” for Universal Immigration Services Ltd. She was unpaid, and employed fulltime in another position that did not involved being a licensed immigration adviser. She took on the role of adviser to assist the family. [11] She was apparently t...

2. Waitangi Tribunal - District 12 Wellington District [pdf, 13 MB]

   ...TPD WP LIST OF ABBREVIATIONS Appendices to the Journals of the House of Representatives Appendices to the Journals of the Legislative Council Alexander Tombull Library British Parliamentary Papers: Colonies New Zealand (17 vols, Shannon, Irish University Press, 1968-<i9) Crown Congress Joint Working Party chapter Church Missionary Society certificate oftitIe Dictionary o/New Zealand Biography document Department of Survey and Land Information enclosure footnote Journals an...

3. Waitangi Tribunal theme C - Customary land tenure [pdf, 1.2 MB]

   ...Theme c THE CROWN’S ENGAGEMENT WITH CUSTOMARY TENURE IN THE NINETEENTH CENTURY HAZEL RISEBOROUGH and JOHN HUTTON July 1997 Firs t Release WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other Rangahaua Whanui reports District reports District 1: Auckland (pt i), R Daamen, P Hamer, and Dr B Rigby; (pt ii), M Belgrave District 5b: Gisborne, S Daly District 7: The Volcanic Plateau, B Bargh District 8: The Alienation of Maori Land in the Rohe Potae, C Marr District 9: The Whanganui Distric...

4. Geldenhuys v C Yap [2013] NZIACDT 42 (15 July 2013) [pdf, 141 KB]

   ...to a professional 4 disciplinary offence: Complaints Committee of Waikato Bay of Plenty District Law Society v Osmond [2003] NZAR 162 (HC). [26] Rehabilitation of a practitioner is an important factor when appropriate (B v B HC Auckland, HC4/92, 6 April 1993). In Patel v Complaints Assessment Committee (HC Auckland CIV-2007- 404-1818, 13 August 2007), the Court stressed when imposing sanctions in the disciplinary process applicable to that case, that it was necessary to...

5. Vincent v Kennedy - Estate of Carol Fleet (2019) 185 Taitokerau MB 148 (185 TTK 148) [pdf, 328 KB]

   ...MAUREEN VINCENT and JOHN FLEET Applicants AND NATHAN KENNEDY Respondent Hearing: 22 October 2015, 117 Taitokerau MB 76-85 25 – 26 July 2016, 136 Taitokerau MB 141-269 21 March 2018, 171 Taitokerau MB 151-179 (Heard at Auckland) Appearances: C Hockly, for Applicants P Majurey, for Respondent D Abbot, for Estate of Carol Ngawhira Tanui Fleet Judgment: 31 January 2019 JUDGMENT OF JUDGE M P ARMSTRONG

6. Auckland Standards Committee 4 v Kennelly [2022] NZLCDT 31 (1 September 2022) [pdf, 130 KB]

   ...[41], PURSUANT TO S 240 OF THE LAWYERS AND CONVEYANCERS ACT 2006. NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2022] NZLCDT 31 LCDT 028/21 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 4 Applicant AND PATRICK KENNELLY Respondent DEPUTY CHAIR Dr J G Adams MEMBERS OF TRIBUNAL Mr S Hunter QC Ms K King Ms M Noble Prof D Scott HEARING 24 August 2022 HELD AT...

7. [2012] NZEmpC 157 Pottinger and Nine Dot Consulting Ltd and Carew v Kelly Services (NZ) Ltd [pdf, 77 KB]

   ...cases involving disputes and interim applications. He referred to Davis v Bank of New Zealand 4 by way of example. There the Court expressed the view, in a brief judgment, that: 5 2 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [48]. 3 Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA) at [14]. 4 WC 4/05, 18 February 2005. 5 At [6]. While the principles in Binnie are well established and routinely...

8. [2015] NZEmpC 159 Smith Crane & Construction Ltd v Hall [pdf, 184 KB]

   ...applying schs 2 and 3 of the High Court Rules (HCR). This Court is of course not bound to apply those Schedules, but from time to time they can be useful when considering the amounts 7 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA), Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA); Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA); and Belsham v Ports of Auckland Ltd [2014] NZCA 206, [2014] ERNZ 66. 8 Wills...

9. Jackman v CAC 10010 & Cussen & Hale [2011] NZREADT 29 [pdf, 94 KB]

   ...registered architect. [20] We are satisfied that there is no evidence of any intention of the licensees to mislead any member of the public. [21] We consider that Mr Tatton is literally and technically an architect who works as such and holds a university degree in architecture. [22] It is not correct to assert that a person cannot in fact be an “architect” simply because legislation provides that they cannot call themselves an architect. 6 [23] If Parliament...

10. Belle v Fogi Ltd (Strike-Out Application) [2019] NZHRRT 7 [pdf, 241 KB]

    ...vexatious; or (d) is otherwise an abuse of process. … [25] Section 115A mirrors r 15.1 of the High Court Rules, which, until s 115A was inserted in November 2018, had guided the approach of the Tribunal to applications for strike-out: Mackrell v Universal College of Learning HC Palmerston North CIV-2005-485- 802, 17 August 2005 at [48]. [26] The principles to be applied are clear and well established. They are set out by Richardson P in Attorney-General v Prince and Gardner [1998] 1...