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1. DKD v Smith [2019] NZIACDT 82 (12 December 2019) [pdf, 78 KB]

   ...(2) alternatively, 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 failing to exercise diligence and due care and to conduct himself in a timely manner, in breach of cl 1 of the Code; and (3) failing to provide the complainant with a written agreement before proceeding with his services, in breach of cl 18(a) of the Code. JURISDICTION AND PROCE...

2. HK & QK v JF Ltd [2023] NZDT 334 (26 May 2023) [pdf, 123 KB]

   ...$14,191.80 to fix the issue with the coping, and the balance being an overcharge due to mismeasurement. 5. The issues to be determined are: • Did JF Ltd carry out its service with respect to the laying of coping at the pool edge with reasonable care and skill? • What remedy, if any, is available to HK and QK? • What is payable on the claim and counter-claim? CI0301_CIV_DCDT_Order Page 2 of 4 Did JF Ltd carry out its service with respect to the laying of...

3. ET v F Ltd & EN [2024] NZDT 562 (9 August 2024) [pdf, 199 KB]

   ...party I need to consider and evaluate the evidence presented to the Tribunal by the parties. Did EN drive negligently and cause the collision while driving F Ltd’s van? 10. A person may not drive a vehicle, or cause a vehicle to be driven, carelessly or without reasonable consideration for other persons: s8 Land Transport Act 1998. A driver also owes a common law duty of care to other drivers to take reasonable care in operating their vehicle and will be responsible for any re...

4. LCRO 156/2023 PF v NY, WJ and MQ (11 October 2024) [pdf, 247 KB]

   ...the respondents owed duties to the Trustees collectively, referred to as “us”, and stating that “…the corporate veil Matrix swerving around any and every duty to the individual Trustees is simply absurd” (sic). [51] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necessit...

5. [2022] NZIACDT 3 - IL v Khetarpal (10 February 2022) [pdf, 140 KB]

   ...failing to advise the complainant that her salary did not meet the threshold in immigration instructions required to support a dependent student visa and failing to file an application in the correct visa category for the son, thereby lacking due care, in breach of cl 1; (2) failing to inform the complainant about the District Court order regarding her licence status, in breach of cl 3(a); (3) failing to inform the complainant and obtain her instructions concerning Immigration NZ�...

6. Malik v Auckland Council [2011] NZWHT Auckland 7 [pdf, 313 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000004 [2011] NZWHT AUCKLAND 7 BETWEEN AMIT MALIK AND MELISSA MARGARET DAWN MALIK Claimants AND AUCKLAND COUNCIL First Respondent AND EVERBRIGHT HOMES LIMITED (struck off Companies Register) (Removed) Second Respondent AND PUTZ TECHNIK PRODUCTS LIMITED (struck off Companies Register) (Removed) Third Respondent AND HITCHINS NEW ZEALAND LIMITED (Removed) Fourth Respondent AND ABLE WATERPROOFING LIMITE

7. [2015] NZEnvC 218 Waiheke Marinas Ltd [pdf, 11 MB]

   BEFORETHEE~ONMENTCOURT Hearing at: Court: Appearances: Decision No. [2015] NZEnvC 218 IN THE MATTER of the Resource Management Act 1991 IN THE MATTER of a Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf BY W AIHEKE MARINAS LIMITED ("WML") (ENV -2014-AKL-OOO 174) Applicant at Auckland in the weeks of 6, 13,20 and 27 October 2014 and

8. Biel v Hall - Opepe Farm Trust [2011] Māori Appellate Court MB 535 (2011 APPEAL 535) [pdf, 222 KB]

   ...Court was a summary judgment instigated by Dorchester Finance Limited. In this judgment by his Honour Associate Judge Doogue, neither appellant was found personally liable. 23 The Associate Judge found that the appellants were entitled to the protection of section 227(6) of the Act because they had 21 Supra, fn 1, at [92]. 22 Ibid, at [150]. 23 Supra, fn 16. 2011 Maori Appellate Court MB 549 dissented in writing in Aug...

9. LCRO 125/2023 TR v HJ (28 November 2023) [pdf, 265 KB]

   ...decision on 19 July 2023. It identified the issues for consideration as: (a) whether [the respondent] lodged caveats against the title to land knowing that (or failing to inquire whether) there is a caveatable interest on the part of his client to be protected (rule 2.3); (b) whether [the respondent’s] delay or refusal to remove the caveats after receiving correspondence from the registered proprietors’ lawyers requesting that the caveats be withdrawn breached professional stand...

10. R. Singh v Kumar [2016] NZIACDT 14 (23 March 2016) [pdf, 121 KB]

    ...of his professional offending. [30] Mr Moses correctly submitted that the Tribunal must not speculate and go beyond the evidence before it. The parties may be aware of matters they do not, and should not, disclose to the Tribunal. The Registrar protects the public interest in that regard. [31] Accordingly, the Tribunal accepts Mr Kumar’s evidence that in the circumstances in which he provided his professional services he did so with care, diligence and professionalism, except for a l...