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1. Ms L v REAA Registrar [2013] NZREADT 47 [pdf, 168 KB]

   ...been called into question prior to this incident, nor has it been called into question in the four years since, during which the applicant has maintained a professional approach to her job and her life.” Discussion [42] The applicant bases her appeal on the fact that she is a fit and proper person, and that the conviction against her does not impede her ability to be a trusted salesperson. [43] The applicant further argues that she was not inherently involved in the unlawful activi...

2. Lloyd v CAC 10056 & Davies [2012] NZREADT 27 [pdf, 149 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2012] NZREADT 27 READT 117/11 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN DENIS LLOYD Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 10056) First respondent AND KARIN DAVIES Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms J Robson - Member Mr G Denley - Member HEARD at WHANGAREI on 12 April 2012 DATE OF DECISION: 18...

3. Russell v CAC 10012 & Long [2012] NZREADT 16 [pdf, 153 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2012] NZREADT 16 READT 44/10 IN THE MATTER OF an appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN ANDREW RUSSELL Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 10012) First respondent AND JANICE LONG Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms J Robson - Member Mr G Denley - Member HEARD at NELSON on 1 March 2012 DATE OF DECISION: 20 A...

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

   ...the developer’s liability for construction. Rather, the non-delegable nature of the developer’s duty means that he is still liable for construction work even if he contracts another to carry it out. [28] The decision to remove Mr Park was appealed to the High Court.8 There, Fogarty J took the view that it was not established at common law that the non- delegable duty of care of a developer extended to the acts and omissions of a private building certifier and accordingly the Kw...

5. [2017] NZEmpC 157 Johnston v The Fletcher Construction Co Ltd [pdf, 375 KB]

   ...cautious approach to the grant of leave under s 178(3) is required. In Owen v Chief Executive of the Department of Corrections, for example, the point was made that if special leave was granted it would deprive the parties of a general right of appeal against findings of fact in the Authority at first instance, and that:11 This is a significant point to be considered in applications for removal and a strong ground for establishing the principle that the discretion to order remova...

6. EMPC speech GUEST LECTURE Privacy Employment Interface delivered in June 2016 [pdf, 311 KB]

   ...An employer might still reasonably be concerned about a post, notwithstanding the fact that it is intended for consumption by a limited audience. Much will depend on the particular circumstances. In Crisp v Apple Retail (UK) Ltd the Employment Appeals Tribunal (EAT) held that an employee was justifiably dismissed for posting disparaging comments about his employer despite the restricted privacy setting attached to those comments. The EAT considered that the nature of Facebook and...

7. Justice Sector Outlook March 2016 revised [pdf, 820 KB]

   ...be flat Crown Law handles serious court cases that require the participation of Crown solicitors. Crown Law cases include: District Court jury trials, judge-alone trials in either the High Court or District Court, High Court jury trials, Court of Appeal cases and High Court appeal cases. The quarterly number of Crown Law cases is small and volatile, especially for High Court jury and Court of Appeal cases, leading to large percentage changes. We have a very short historic time series afte...

8. Pacey v Adlam - Matata Parish 39A2B2B2A and Matata 30A 2A (2016) 147 Waiariki MB 143 (147 WAR 143) [pdf, 260 KB]

   ...High Court in respect of trusts”, and the Māori Land Court accordingly does not have the authority to issue a stay in reliance on the High Court’s inherent jurisdiction. [31] Further, in Tito – Mangakahia 2B2 No 2A1A, which concerned an appeal against a decision of the lower court to appoint the Māori trustee as responsible trustee for the trust, the Māori Appellate Court held that: 9 8 Taueki – Horowhenua 11 (Lake) M...

9. Justice Sector Outlook March 2016 [pdf, 682 KB]

   ...be flat Crown Law handles serious court cases that require the participation of Crown solicitors. Crown Law cases include: District Court jury trials, judge-alone trials in either the High Court or District Court, High Court jury trials, Court of Appeal cases and High Court appeal cases. The quarterly number of Crown Law cases is small and volatile, especially for High Court jury and Court of Appeal cases, leading to large percentage changes. We have a very short historic time series afte...

10. [2017] NZEmpC 101 Nath v Advance International Cleaning Systems (NZ) Ltd [pdf, 217 KB]

    ...example, a claim of unjustified dismissal) and wishes to challenge particular findings only (for example, remedies). The absence of a record of evidence given in the Authority is a complicating factor and does not facilitate the usual approach to appeals applying elsewhere. The fact that the Act refers to challenges from determinations of the Authority, rather than appeals, may be said to reinforce the point that a different approach is intended. [11] The point does not directly...