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1. DML v Montgomery and MT Enterprises Ltd [2014] NZHRRT 6 [pdf, 182 KB]

   ...seen not as admissibility objections per se, but as cautions going to the weight to be given to certain aspects of the intended evidence. In this regard it will be seen that after seeing and hearing Ms Healy give evidence we accept that she is a careful, credible witness and we accept her evidence in its entirety. While we have relied on that evidence to establish what the plaintiff said to her about Mr Montgomery’s actions and as to Ms Healy’s direct observations of the effect of t...

2. Umuhuri Matahaere - Evidence in Chief [pdf, 7.6 MB]

   ...rangatiratanga/self-determination in address the issues related to Motiti rohe/Area of interest. 36. The vision for the Trust traces back to the late Johnny Nuku, who united much of the community around the need to exercise kaitiakitanga and protect the island's marine environment and kaimoana. One of the fundamental objectives of the Trust is to protect and preserve the marine biodiversity, ecological integrity and cultural legacy of the Motiti Rohe Moana, whi)e facilitating...

3. [2023] NZEnvC 270 Port of Tauranga Limited [pdf, 3.3 MB]

   ...consequence, the Court’s discretion whether or not to grant consent to those parts of the application which are to be considered as RDAs under ss 104 and 104C of the RMA, which is to be exercised subject to the requirements of ss 6(e) and 7(a), requires careful consideration of the evidence relating to those requirements. [7] The applications by POTL are opposed by a number of entities representing tangata whenua on grounds which include effects on a number of cultural values and a...

4. Hinckley v Macduff LCRO 169 / 2009 (28 January 2010) [pdf, 158 KB]

   ...with Ms Macduff and that in fact he intended to deal in the property in a way which was inconsistent with the rights of his brothers under the trust and the deed of 29 March 2006. This would be impossible under the agreement of 25 June 2009 which protected the trust funds by requiring them to be placed in a joint trust bank account requiring the signature of all three brothers as trustees. [27] I have reviewed the correspondence in the matter and heard from both parties. I consider t...

5. [2017] NZEnvC 197 Marine Farming Association Incorporated v Marlborough District Council [pdf, 3.4 MB]

   ...for present purposes. 5 ss 116A(4) - (6) (for when a reservation is made under the FA) do not apply. Nor does s 116A(10) apply (dealing with what occurs when there is a concurrent application under subpart 4 of Part 7 A to the Environmental Protection Agency). [17] The net result is that the only potentially applicable provision of s 116A is subsection (1). It specifies: (1) A coastal permit to undertake aquaculture activities in the coastal marine area cannot commence other t...

6. Peter Thompson v Complaints Assessment Committee 413 & Ajay Rathod [2017] NZREADT 51 [pdf, 191 KB]

   ...Committee went on to consider whether Mr Thompson had “complied with various preliminary requirements for the purpose of bring about a transaction”. It first considered Rule 9.6 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), which provides, as relevant: Unless authorised by a client, through an agency agreement, a licensee must not offer or market any land or business, … [17] The Committee said:8 … Rule 9.6 makes it cle...

7. [2021] NZIACDT 10 - YC v Wan (19 May 2021) [pdf, 238 KB]

   ...[101]–[102] & [112]. 9 ASSESSMENT [49] The Registrar relies on the following 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. Client Care 2. A licensed immigration adviser must: a. maintain a relationship of confidence and trust with the client and provide objective advice … e. obtain and carry out the informed lawful instructions...

8. [2019] NZEnvC 074 Hanoi Vietnam Cafe v City Rail Link Limited [pdf, 6.5 MB]

   ...expert evidence on historic heritage effects. In fact, it called no expert evidence at al1. 7 7 Ms Tran recorded in her evidence in chief that she holds a Bachelor of Arts, Bachelor of Journalism and a Postgraduate Certificate in Environmental Protection and Sustainable Development with Hanoi National University; that she holds a Master of Philosophy in Education on Natural Resource Management and Environment Protection from the University ofWaikato; and a Diploma in Real Estate from...

9. [2025] NZIACDT 08 – JY v Wen (7 February 2025) [pdf, 175 KB]

   ...sent to the complainant because it related to the employer and did not require information from him. 8. The complainant asked her to deal with all these matters because he does not know English. 9. She was shocked by the complaint and always cared for the complainant. 10. She hoped the Authority would regard her work as minor negligence. Complaint referred to Tribunal [25] On 14 May 2024, the Registrar referred the complaint against Ms Wen to the Tribunal alleging negligence...

10. [2024] NZIACDT 23 - FM v Yang (03 September 2024) [pdf, 263 KB]

    ...has filed a statement of reply (19 March 2024). ASSESSMENT [37] The following provisions of the Code are relevant: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. 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 adviser must:...