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1. [2021] NZEmpC 68 A Labour Inspector v Samra Holdings Ltd T/A Te Puna Liquor Centre [pdf, 190 KB]

   ...disclosed, together with some documentation sought still being outstanding. [3] The plaintiff opposes the application and says that she and her witnesses will be prejudiced if the adjournment is granted. The proceedings [4] The proceedings are filed by the Labour Inspector, seeking an exercise of the Court’s powers under pt 9A of the Employment Relations Act 2000 (the Act). In respect of the first, second and third defendants, the plaintiff seeks: (a) declarations of breach p...

2. [2020] NZEnvC 184 Russell v Leng.pdf [pdf, 450 KB]

   ...that they are to pay to the solicitors for J Russell (Meredith Connell) on behalf of Mr Russell the sum of $5,000 including GST and disbursements as contribution to the cost of filing these proceedings. B: The proceedings are at an end and the file is to be closed. REASONS Introduction [1] These proceedings were commenced in June 2020 to protect an oak tree on an adjoining property at 136 Mainston Road, Remuera, Auckland, for breach of conditions of consent in that there was a...

3. [2021] NZEmpC 43 Alkazaz v Enterprise IT Ltd [pdf, 177 KB]

   ...AlKazaz’s claim, found that he had been unjustifiably dismissed and awarded him lost wages and compensation. The Authority also penalised the company for failing to pay Mr AlKazaz in lieu of notice on termination of his employment. Mr AlKazaz filed an application to re-open the investigation, which was declined by the Authority. He then filed a challenge to the Authority’s determination declining to re-open its original investigation. [2] I dismissed the challenge on...

4. WHT Annual Report 2021 [pdf, 266 KB]

   ...and timely decisions and orders. The financial year saw a small increase in the number of new claims commenced compared with the previous financial year and a relatively large increase in the number of claims finalised. The number of claims filed remains modest, as we are now well past the peak of ‘leaky home’ building in this country. The increase in finalised claims has led to a significant reduction in the outstanding claims carried forward into the next financial year (f...

5. [2021] NZEmpC 165 Bowen v Bank of New Zealand [pdf, 190 KB]

   ...privilege but was unable to do so. (c) Ms Bowen filed an amended affidavit with references to the privileged material removed but maintained that privilege had been waived, and in a memorandum from counsel appeared to indicate that she contemplated filing further evidence relating to the privileged material. (d) On that basis it considered there remained a live and judiciable issue to be decided and successfully sought orders from the Court that the material was privileged, and...

6. WHT Annual Report 2022 [pdf, 252 KB]

   ...Tribunal for the period commencing 1 July 2021 and ending on 30 June 2022. The Tribunal is a well performing judicial body producing high quality and timely decisions and orders. The financial year saw limited activity, with only two claims filed and two finalised, though the cases generated 65 interlocutory decisions (procedural orders). The COVID-19 lockdowns had little effect as the members and staff worked hard, whether from their home or the office, to ensure the timely...

7. FQ v RH [2023] NZDT 552 (3 July 2023) [pdf, 95 KB]

   ...the money to RH, but allowed him to take his son to school on the day he was due to pick up the car. Ultimately, at no time did FQ obtain possession of the car, nor did RH ever repay the sum he borrowed. After pursuing RH for a number of years, FQ filed a claim in the Disputes Tribunal on about 22 December 2022. 2. This is a claim for the repayment of a loan, the payment of contractual interest and the cost of debt recovery, and the sale value of the car that was pawned, in the sum o...

8. SO v GU [2023] NZDT 326 (26 May 2023) [pdf, 156 KB]

   ...the heat pump. The problem was eventually diagnosed by [the electrician] as a “faulty indoor board”. The part was no longer available, and SO claims the sum of $3,408.00 being the cost to have a new heat pump installed. She also claims costs to file this claim (process server costs and the Tribunal application fee). 3. SO claims that GU is in breach of clause 7.3 of the sale and purchase agreement. 4. The issues to be decided are as follows: (i) Is GU in breach of clause 7...

9. Appellate judgments 2025

   ...related CA matter).SC in first recall, found no grounds for recusal, and regardless leave dismissed (no realistic prospects of success).Now H arguing remaining two judges should not have decided on alleged conflict without considering application to file affidavit.Held: No valid grounds for latest recallAppropriate for two panel judges to decide on recall (no conflicts) Affidavit evidence unnecessary as basis for recusal and case management functions clear from record. Registrar instructed not...

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10. LCRO 7/2018 AB v CD (26 November 2019) [pdf, 165 KB]

    ...complaint with the New Zealand Law Society Lawyers Complaints Service (the Complaints Service) on 20 January 2014. The substance of his complaint was that: (a) Mr AB had failed to provide him with an account of where time had been spent on his file or provide him with an itemised account. (b) Fees charged were in excess of an estimate that had been provided. [7] The Standards Committee identified the issues to be addressed as follows: (a) whether Mr AB failed or refused to provid...