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1. Houpapa v Woods - Taharoa A Sec 6D No 2 (2012) 44 Waikato Maniapoto MB 167 (44 WMN 167) [pdf, 134 KB]

   ...to consent to any such application. I also consider that the support of the other owners must be garnered, at latest, before the when weighed against the outcome being sought. Mr Naden also submitted that the problem could be remedied by re-filing the application. 1 At 36 Waikato Maniapoto MB 213. 44 Waikato Maniapoto MB 181 hearing. It is not a requirement that can be tacked onto the order at the end. Since Mr...

2. [2014] NZEmpC 153 Roy v BOT of Tamaki College [pdf, 131 KB]

   ...September 2010 and that “holiday day pay (sic)” was processed to 1 November 2010. I will refer again to these documents in a different context. [6] In Mr Roy’s latest statement of claim (his fourth amended statement of claim dated 17 May and filed on 21 May 2014), he alleges variously that he was “employed … until September 2010”, that he was “constructively dismissed on 27 September 2010” and that “his resignation came into force on Monday 11 th October 2010...

3. [2015] NZEmpC 200 South Pacific Meats Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 177 KB]

   ...challenge to a determination of the Employment Relations Authority BETWEEN SOUTH PACIFIC MEATS LIMITED Plaintiff AND NEW ZEALAND MEAT WORKERS & RELATED TRADES UNION INC Defendant Hearing: By memoranda of submissions filed on 12 and 27 October and 2 November 2015 Appearances: C Pidduck, counsel for plaintiff P Churchman QC, counsel for defendant Judgment: 13 November 2015 JUDGMENT ON A PRELIMINARY ISSUE OF CHIEF JUDGE G...

4. Henton v CAC 20003 & Ors [2014] NZREADT 2 [pdf, 159 KB]

   ...response and requesting a formal response by way of letter. [17] On 25 January 2012, Mr House replied to Mr Henton advising that the matter had been addressed in accordance with Barfoot’s’ internal investigation process and that, consequently, the file was to be closed. The Committee’s decision [18] In deciding to take no further action against Ms Wallace, the Committee found that the licensee: (a) had an obligation to pass the information on to the purchasers regardless of wh...

5. CAC 20006 v Wallace [2013] NZREADT 46 [pdf, 73 KB]

   ...that day at the latest. Inter alia, he said he was “really disappointed” that Mrs Kern’s solicitor had not followed the correct procedure and that he “felt sick about the outcome for Mrs Kern”. He said that until he received the briefs filed by the prosecuting Committee in this case, he had been unaware that a second building inspector was engaged by Mrs Kern and that a settlement had been reached between her and her solicitor. [37] With regard to the second charge, there w...

6. CAC10056 v Ferguson [2013] NZREADT 5 [pdf, 83 KB]

   ...Ferguson Real Estate Ltd trading as Ray White in Inglewood. We are told that he has cancelled his licence under s 54(b) of the Act and is not now working in the real estate industry. [5] The following witnesses have sworn affidavits which are filed in this case: (a) Blair Johns: Mr Johns worked at Ray White with the defendant from 7 September 2009 to 22 August 2011. Most of his listings were joint listings with the Defendant. (b) Jason and Catherine McGrory: the McGrorys listed th...

7. [2013] NZEmpC 238 AsiaCiti Trust NZ Ltd v Harris [pdf, 159 KB]

   ...to enforce the restraint. In a determination dated 30 April 2013, 1 the Authority refused to uphold the restraint and also declined to exercise its discretion to modify the agreement under the Illegal Contracts Act 1970. On 15 May 2013 Asiaciti filed a challenge de novo to the determination. The nature of the employment [11] There was a conflict in the evidence between Ms Willis, the sole witness for the plaintiff, and Ms Harris as to the extent of her duties with Asiaciti in t...

8. Tonks v Stone [pdf, 105 KB]

   ...submitted by Counsel for the Claimant that the Claimant had little or no knowledge of building matters and I accept that as correct and relevant. 7.1.22 As regards the allegation of failure to undertake a due diligence exercise of the Council’s files I accept the evidence of Mr Tonks that his discussions with the real estate agent on the uncompleted work was not such that it should have alerted him to make further enquiries and I am persuaded that there is nothing on the list...

9. IPT Annual Report 2012 [pdf, 648 KB]

   ...Timeliness The following chart shows the average length of time it took the Tribunal to issue decisions in each jurisdiction, calculated from the date an appeal was received to the date a decision was released. Note that the figures relate to files for which decisions were released in the relevant year; they do not include the age of files for which no decisions were released that year. Jurisdiction Number of days from receipt of appeal to release of decisio...

10. Kwak v Park [2015] NZWHT Auckland 3 [pdf, 208 KB]

    ...onto Mr Park. Mr Park caused loss to the Kwaks. However, he did so by developing and building a house with defects, proceedings in respect of which are limitation barred. WHAT ARE THE DEFECTS CAUSING LEAKS AND DAMAGE? [57] The claimants filed a witness statement by their expert, Richard Maiden who gave evidence at the hearing. Mr Maiden is a chartered surveyor, a registered quantity surveyor, a registered building surveyor and a member of the remediation panel of the New...