New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Delegation of duties

Legal area

Court

18 Dec 2020

BODY CORPORATE NUMBER 203780 v BELL [2020] NZCA 665

Citation

[2020] NZCA 665
Court

Court of Appeal

The Court held the 2017 Resolution was valid: a body corporate may, consistent with ss79 and 80(1)(i), consent to a unit owner electing to have a balcony removed and for that removal to be implemented by the body corporate as part of remedial works; that consent does not impermissibly delegate the non-delegable s138 duty to owners and s138 does not preclude replacement of a building element with a different element where owner consent and statutory safeguards (including s80(1)(i), building consent requirements and s210 minority relief) are observed; resort to s74 is not required where the Act…
8 Mar 2017

SPARKS v IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL [2017] NZHC 376

Citation

[2017] NZHC 376
Court

High Court

The Tribunal correctly interpreted the Code and the statutory licensing regime to require personal discharge by a licensed immigration adviser of key client-facing obligations; its substantive findings of breaches and dishonest or misleading conduct were upheld on the evidence except that the Tribunal erred in attributing responsibility to the adviser for pre-contract specification and reasonableness of fees charged by an independent Philippines recruiter (SHI) without adequate notice or contractual basis for an agency relationship.