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1. [2020] NZEmpC 129 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei [pdf, 190 KB]

   ...nevertheless has a measure of experience in proceedings before this Court. She put her failure in this case down to immense pressure of work she is under in representing other clients. [28] In the circumstances I have considered the matter carefully. While an attempt to obstruct or interfere with the course of justice is a very serious matter, there are some mitigating circumstances in this case. [29] I have decided that imposing a fine is not appropriate. I have decided th...

2. [2020] NZEmpC 32 Kocaturk v Zara’s Turkish Ltd [pdf, 351 KB]

   ...explanation. However, I accept that there is a possibility that the present deficiency can be overcome by amended pleadings. If the claim that a statutory limitation does not apply is to be pursued, attention will need to be given to s 11 of the Wages Protection Act 1983 that was not discussed by either counsel in submissions. [28] In the orders that follow a short timeframe is provided for an amended statement of claim and defence to be filed to enable the case to be finally al...

3. NZCVS Cycle 2 (2018 – 19) Key Findings [pdf, 1.5 MB]

   ...the work to New Zealand Ministry of Justice and abide by the other licence terms. Please note you may not use any departmental or governmental emblem, logo, or coat of arms in any way that infringes any provision of the Flags, Emblems, and Names Protection Act 1981. Use the wording “New Zealand Ministry of Justice” in your attribution, not the New Zealand Ministry of Justice logo. https://www.justice.govt.nz/justice-sector-policy/research-data/nzcvs/resources-and-results/...

4. [2022] NZIACDT 11 - BU v McCarthy (18 May 2022) [pdf, 193 KB]

   ...above n 7, at [97], [101]–[102] & [112]. 6 ASSESSMENT [27] The Registrar relies on cl 1 of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. (1) Failing to lodge a s 61 request with Immigration NZ, in breach of cl 1. [28] Mr McCarthy was instructed in December 2017. The daughter-in-law’s immigration situation was urgent, as she was unlawfully in the...

5. NZCVS-Cycle-4-Core-Report-Section-9-Crime-scene-and-consequences-fin.pdf [pdf, 338 KB]

   ...the work to New Zealand Ministry of Justice and abide by the other licence terms. Please note you may not use any departmental or governmental emblem, logo, or coat of arms in any way that infringes any provision of the Flags, Emblems, and Names Protection Act 1981. Use the wording “New Zealand Ministry of Justice” in your attribution. Do not use the New Zealand Ministry of Justice logo. If you have any feedback or questions about NZCVS results, please email us on nzcvs@justice....

6. [2022] NZEnvC 011 Clutha District Council v Vreugdenhil Family Trust Partnership [pdf, 249 KB]

   ...unable to find that all parties were “equally involved”, as the Trust contends in counsel’s submissions. Rather, as the Kellys were not party to the original settlement agreement, I agree that they have had to undertake further steps to protect their continued use of the road in circumstances where that consequence had not been properly considered by the Council. [27] Moreover, previous case law has established that landowners who benefit and encourage road stoppage potenti...

7. DS v XT & UT [2023] NZDT 733 (17 December 2023) [pdf, 205 KB]

   ...to be the case then, as tree pruning services are services ordinarily acquired for personal or domestic use or consumption then DS would be a consumer as defined in s.2 of the Consumer Guarantees Act 1993, the CGA. Then the guarantees of reasonable care and skill, fitness for purpose and reasonable price would apply to those services. 6. DS disputes knowing of the existence of S Ltd let alone entering into a contract with it. While the law of agency provides that a company may be boun...

8. [2024] NZEnvC 074 GI Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 175 KB]

   ...progress abatement proceedings to enforce the observance of its District Plan. Counsel cites Auckland Regional Council v Cash for Scrap Ltd in which the Court found:3 …enforcement proceedings are not usually commenced for private gain but to protect the public interest in the environment. Therefore, a successful party may be more likely to be compensated for actions that they have effectively been forced to take. In other words, these proceedings were taken to enforce obligations...

9. 2018 Decisions of public interest

   ...considered – David and Parker considered – Parker distinguished – plaintiff has standing -challenge not possible – judicial review can be brought for alleged breach of natural justice where other avenues are closed. [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board (Judgment of Judge K G Smith, 19 October 2018) UNJUSTIFIED DISMISSAL – 90-DAY TRIAL – DEFINITION OF EMPLOYEE – whether second employment agreement contained invalid trial period as plaintiff had been previo...

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10. Wellington Standards Committee v McGuire [2011] NZLCDT 28 [pdf, 94 KB]

    ...submitted to the Tribunal by 1 November 2011. The Tribunal will consider the agreement and its terms, and if satisfied it meets the purposes of the Lawyers and Conveyancers Act 2006 (and in particular the maintenance of public confidence and the protection of the public), it proposes to formally endorse the agreement by an order under Section 156(1)(a) Lawyers and Conveyancers Act made pursuant to section 242(1)(a) of that Act. 7 28. The Tribunal will be seeking some sure...