Search Results

1. [2012] NZEmpC 186 Walker v Procure Health Ltd [pdf, 153 KB]

   ...attempts [21] I turn now to consider ProCare’s settlement attempts which involved the making of two Calderbank offers. The barrister acting for Ms Walker filed his challenge to the Authority’s determination on 10 September 2009. ProCare’s statement of defence was filed on 13 October 2009. On 23 October 2009, ProCare made a “without prejudice except as to costs” offer to settle Ms Walker’s claim in full in the sum of $45,000 inclusive of pre-offer legal fees. That fir...

2. Brooks v Taekwondo Union of New Zealand Inc [2017] NZHRRT 20 [pdf, 333 KB]

   ...substantial exercise involving the collation of some 700 pages of correspondence relating to Mr Brooks the withheld information was released to Mr Brooks on 3 September 2015. The final position taken by the parties on liability and remedies [27] In his statement of claim Mr Brooks challenged each and every of the withholding grounds relied on by TUNZ. He also sought a number of remedies including a declaration of interference with his privacy, an order that TUNZ release all personal i...

3. MFAT report Human Rights in NZ 2010 [pdf, 4.7 MB]

   Human Rights in New Zealand Ngä Tika Tangata O Aotearoa 2010 The plain English version of Article 1 of the Universal Declaration of Human Rights has been translated into the heritage languages of the five major population groups in New Zealand. They are Pakeha/European, Mäori, Samoan, Chinese, Indian. All human beings are born free and equal in dignity and rights. I te whänautanga mai ö te tangata, kähore he here, e örite ana töna tapu, töna mana, me

4. [2009] NZEmpC WC 10/09 Terson Industries Ltd v Loder [pdf, 54 KB]

   ...[2] Mr D Frampton, the sole director of TIL, represented his company in the Authority and in the Court. He and Ms J Angus Burney, for Mr Loder, agreed that the matter could be dealt with on the papers and prepared an agreed bundle and an agreed statement of facts which read as follows: 1. The Plaintiff is a trading company called “Terson Industries Ltd” and D. R. Frampton is the company’s sole director and signatory to the Defendant’s employment agreements. 2. T...

5. [2007] NZEmpC AC 3/07 McGreal v Television New Zealand Ltd [pdf, 59 KB]

   ...between Mr McGreal and TVNZ. The section requires, as part of that determination, consideration of all relevant matters including any matters that indicate the intention of the parties. In this case there was no written contract and therefore no statement specifically describing the nature of the relationship. [31] The intention of the parties can in this case be ascertained from the history of the matter starting from the point where Mr McGreal clearly changed from being an e...

6. PQ v Hakaoro [2013] NZIACDT 48 (8 August 2013) [pdf, 144 KB]

   ...the complaint. It would be different if there was a new allegation of a serious physical indecent act. This was no more than a minor element of narrative that may or may not be included in an account. [79] There was a challenge that the original statement referred to multiple attempts at abuse. However that proposition was far from clear, I am satisfied the written complaint was, as the complainant understood the matter, materially the same as her oral evidence. The complainant had some...

7. [2021] NZREADT 42 - Complaints Assessment Commitee v Vulinovich (6 August 2021) [pdf, 259 KB]

   ...not submitted a TTMRA form. He said that when he moved back from Australia he looked at the form, noted that he did not yet have all the information required to complete it, then forgot to make the application. [14] In respect of the false statements in the CV submitted to the Authority, Mr Vulinovich said that he knew that if he had written in the CV that he was acting as an agent it would raise immediate red flags and his concern at the time was that it could drag out the app...

8. VAB v Corrections [2022] NZHRRT 31 [pdf, 215 KB]

   ...the plaintiff in sessions he was attending with a psychologist as part of his criminal sentence. The disclosure references the plaintiff’s “past sexualised behaviour” and consideration of any risk to the plaintiff’s daughter. Corrections defence to this claim was also based on significant consideration of the need to protect the plaintiff’s daughter. At the time of the disclosure, the plaintiff’s daughter was [redacted] months old, she will now be [redacted] years old. How...

9. CAC 20004 v Li and Ors [2014] NZREADT 67 [pdf, 146 KB]

   ...sign an unconditional sale and purchase agreement and placed them under undue pressure; and/or iv. Section 146 of the Unit Titles Act 2010 in that Mr Li, as the seller's agent, did not provide the complainants with a pre-contract disclosure statement before they entered into the sale and purchase agreement for the property, a unit title; and/or v. Section 36(2A) of the Lawyers and Conveyancers Act 2006 in that Mr Li, having not held a licence as a salesperson under the Act for mo...

10. Auckland City Council as Assignee v Russell [pdf, 126 KB]

    ...43 and 45 of the Fair Trading Act 1986 to an order for compensation for loss or damage. 2.3 The respondent is the author of that report and the totality of its content is such that he has personal liability for the misleading and deceptive statements in it. 2.4 The report is misleading and deceptive. 2.5 It has caused loss to the original claimants amounting to the cost of repairs to the dwellinghouse, $203,861.25. 2.6 There was insufficient evidence that the origina...