Search Results

1. M Ltd v KC [2023] NZDT 26 (2 February 2023) [pdf, 145 KB]

   ...photographs provided of each item in the catalogues, were misleading because he believed the items to be silver when they were not and, instead, they are forgeries. He says that the various fake items are sophisticated forgeries and that the coins are in protective cases which make them appear genuine. 21. However, XT says that the FTA does not place a duty on an auctioneer/auction house to authenticate the goods it auctions, and that M Ltd has not misled or deceived KC the auction ca...

2. [2023] NZEmpC 170 FGH v RST [pdf, 283 KB]

   ...this matter, to award the costs payment would raise an access to justice issue, and would be oppressive having regard to her financial circumstances and the fact she is now a mother in uncertain circumstances. [25] Each of these issues requires careful consideration by the Court. Legal principles [26] The Court’s power to award costs is discretionary, as set out in cl 19 of sch 3 to the Employment Relations Act 2000 (the Act). Regulation 68 of the Regulations provides that in e...

3. Tank Trust v Auckland Council & Anor [2013] NZWHT Auckland 15 [pdf, 237 KB]

   ...property is required as an alternative rental in order to provide equivalent alternative Page | 11 accommodation to their current dwelling. Mr Rainey argued that the Council had not explained how the claimants’ household effects could be protected and made safe if they remained in their current dwelling while it is repaired. However the Council is not arguing that all of the household goods should remain on site; it is suggesting that they can be accommodated in the ren...

4. DairyNZ Limited [pdf, 427 KB]

   ...including farm systems and Overseer experts and based on risk of diffuse discharge of N, P, sediment and E.coli. DairyNZ has not specified how and when the stocking rate should be applied. Instead, if stocking rate is to apply to both dairy and drystock, careful assessment of implications and effectiveness is needed, as well as the threshold values chosen. Rule 3.11.4.3 applies a different permitted activity threshold metric for drystock farming compared to that applying to dairying....

5. LCRO 184/2020 BC v NP and RS decision & minute (20 May 2021 & 30 April 2021) [pdf, 257 KB]

   ...the LSO spoke to Mr RS, and also informed him of the Committee’s preliminary view about the complaint. The Call Log records that Mr RS 6 A reference to s 4(a) of the Act and r 2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 5 “offered to provide any further information Standards Committee required, understands that this will be recorded in the decision…”. [31] Both respondents were also informed that the Standards Committee was of t...

6. Fehling v South Westland Area School [2012] NZHRRT 15 [pdf, 144 KB]

   ...accurate and succinct manner. He was forthright and direct when responding to questions. We are of the view he has conscientiously provided a true account of the events in question. [59] Mr Fehling is an intelligent and articulate individual who cares passionately about his deeply held convictions. It would appear that some mistake his passion and intensity for “anger” or intimidation. For example, Ms Sloane said in her evidence that she had felt that in the course of presenting...

7. [2021] NZEnvC 032 Cabra Rural Developments Limited v Auckland Council [pdf, 32 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU IN THE IYIA TIER OF BETWEEN AND AND Decision No. [2021] NZEnvC O 3 2 the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA), and the Resource Management Act 1991, and the rural subdivision provisions of the in part proposed and in part Operative Auckland Unitary Plan, and appeals pursuantto s 156 oftheLGATPA CABRA RURAL DEVELOPMENTS LIMITED FOREST HABITATS LIMITED

8. [2016] NZEmpC 13 Adams t/a Untouchable Hair & Skin v Brown [pdf, 171 KB]

   ...excess of $15,000. [31] The next relevant offer was made for Ms Brown by letter of 24 November 2014. [32] Before outlining its terms I observe that the Court of Appeal has made it clear that both parties should have the option of obtaining protection from costs by making offers to settle in some way in order to meet a claim. So, plaintiffs (here the cross- challenger) should also have protection where defendants decline reasonable settlement offers. 18 [33] The offer made fo...

9. Hawkes Bay Standards Committee v Clarkson [2012] NZLCDT 37 [pdf, 73 KB]

   ...has made out a case of sufficient weight to displace the normal requirements of openness in the Tribunal’s processes. [43] On balance, we do not consider that she has made out such a case. The medical report was a matter which we considered carefully, but we have reached the conclusion that it does not outweigh the requirement for openness. [redacted]. Of course the proceedings have now been resolved, by the withdrawal of five charges of misconduct and the amendment of the tw...

10. Vining Realty Group Limited v The Real Estate Agents Authority (CAC 408) [2017] NZREADT 57 [pdf, 209 KB]

    ...Authority’s training courses. [58] The Committee said that while the circumstances of the earlier case were not exactly the same as the present case, it was “unsettling” that the Agency still did not appear to have ensured that its systems provided protection to the consumer and that, “again, the agency claims to have been unaware of the conduct and to have acted in good faith.” The Committee noted that:14 … the Agency is obliged under the Act to provide adequate super...