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1. 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

2. Strengthening the family justice system - Q and A [pdf, 330 KB]

   ...A review is undertaken of PTS and that this takes place every three years. • PTS be kept as a free service. • Introduction of Family Dispute Resolution (FDR) • FDR should be available at the most appropriate time for parents, caregivers and their whānau, whether or not an application to court has been made. • Where an application to court has been made but FDR not undertaken, the matter be referred to FDR, unless good reasons are given not to (rebuttable...

3. 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...

4. 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...

5. 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...

6. Schiller-Cooper v Lozano [2013] NZIACDT 17 (21 March 2013) [pdf, 137 KB]

   ...appropriate standards of conduct are maintained in the occupation concerned. [17] The statutory purpose is achieved by considering at least four factors which materially bear upon maintaining appropriate standards of conduct: 5 [17.1] Protecting the public: section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [17.2] Demanding minimum standards of conduct: Dentice v Valuers Registratio...

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

   ...required to weigh the public interest against Ms Yap’s interests. 6 [44] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [45] A significant factor in this case is that it involves dishonesty....

8. [2020] NZEnvC 212 Dunedin City Council v Ross [pdf, 15 MB]

   ...expressions of opinion unreliable in view of the concession Ms Dempster was forced to make and the comparative experience of Mr Ross operating such machinery in such terrain . (42] While the Rule endeavours to offer a fair balance between vegetation protection and property rights, it is unfortunately unworkable in circumstances such as these as illustrated by the lengths Ms Dempster went to, to endeavour to prove a breach . [43] I find that Ms Dempster was on somewhat safer ground r...

9. [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�...

10. [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