Search Results

1. CEIT practice notes: COVID-19 [pdf, 113 KB]

   ...court of law; • require the applicant or another party to provide documents or other information relating to the application within any reasonable period that the Chair may, from time to time, specify; • make the indicative ruling without the requested documents should they not be supplied within the specified time; • issue directions to accompany the indicative ruling setting the claim down for hearing; or • assign the hearing of the claim to any other member who has not...

2. Findlay v Auckland City Council [pdf, 108 KB]

   ...engaged Mr Slater on a labour-only contract and that he had directly engaged the other contractors did not make him the head-contractor. Mr Findlay claims that Mr Slater owed the claimants a duty of care to ensure that the building work was performed in accordance with the specifications. Mr Slater’s Construction Experience [58] Mr Findlay contracted with his friend Mr Armstrong for the electrical work. He sought advice from Mr Armstrong concerning house building and...

3. [2010] NZEmpC 9 Smith v Evolution E-Business Ltd [pdf, 36 KB]

   ...(b) working for a competitor whilst employed by Evo; (c) of his own volition assisting a competitor involved in litigation against Evo. [5] No other particulars are provided. It then pleaded that Mr Smith chose to ignore all requests to comply with the terms of the employment agreement and that his actions were deliberate and caused significant harm, “financial and otherwise” to Evo. No details of that harm are provided. Evo seeks a compliance order requiring...

4. [2014] NZEmpC 123 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 73 KB]

   ...of primary allegations remaining against LSG, it would be a difficult exercise to specifically isolate those attendances where one counsel was representing all three defendants with similar issues and interests. Mr Pollak’s suggestion of some form of percentage discount might be appropriate if indemnity costs were to be awarded. [21] As I have indicated, Mr Pollak has already conceded that a charge for subsequent attendances following the withdrawal of the proceedings against Mr...

5. Talanoa v Tangilanu [2015] NZIACDT 40 (15 April 2015) [pdf, 84 KB]

   ...DECISION Introduction [1] The Registrar of the Immigration Advisers Authority referred this complaint to the Tribunal. [2] The complaint is that Ms Tangilanu accepted instructions and received an initial fee to assist the complainants with a request for a visa. The allegations are that she: [2.1] Failed to comply with the requirements for commencing a professional relationship, as she had no written agreement, and did not attend to the various disclosure requirements. [2.2] She al...

6. Mok v Boyd [2010] NZWHT Auckland 29 [pdf, 264 KB]

   ...the responses given by Mr Boyd under cross-examination by Mr Kohler. [52] Kelvin Andrew, is now a retired builder living in the UK and filed an affidavit in support of Mr Tibbits. Parties were given an opportunity prior to the hearing to request that Mr Andrew give evidence by telephone. As no such request was made I admitted Mr 9 Mount Albert Borough Council v Johnson [1979] 2 NZLR 234 (CA). Page | 20 Andrew...

7. [2021] NZEmpC 170 Oasis Network Inc v Douds [pdf, 249 KB]

   ...Authority’s determination [2] To set the scene it is necessary to summarise the findings made by the Authority giving rise to the non-de novo challenge brought by Oasis Network Incorporated (Oasis). [3] The employee involved, Ms Kathryn Douds, claimed she had been unjustifiably disadvantaged when a final warning was issued in circumstances that were neither fair nor reasonable on 5 February 2020, and that her employer, Oasis, failed to properly investigate concerns she had rais...

8. [2020] NZEmpC 174 Greetham v Lawter (NZ) Ltd [pdf, 384 KB]

   ...questionnaire had been sent by the Ministry of Business, Innovation and Employment (MBIE) to facilities which were deemed likely to be classified as a Major Hazard Facility (MHF). Mr Greetham completed the questionnaire on behalf of Lawter and claims that Mr Yates was copied into an email containing the completed form. There does not seem to be any evidence of this amongst the documents and Mr Yates denies having received it. It appears Mr Yates was forwarded a PDF document cont...

9. Manuirirangi v Nga Hapu o Nga Ruahine Iwi Inc (2010) 2010 Chief Judge's MB 355 (2010 CJ 355) [pdf, 278 KB]

   ...representation, without adjudication; and (b) to enable the Chief Judge to facilitate, as far as possible, successful resolution of differences surrounding an application by the persons affected, without adjudication.] [30B Powers of Judge in addressing requests for advice (1) The jurisdiction in section 30(1)(a) (to advise other courts, commissions, or 9 I should also add here that during the course of this applicat...

10. UB v KL [2020] NZDT 1372 (13 November 2020) [pdf, 170 KB]

    ...offering instead for him to use her kitchen and to get Sky installed (which UB would have to pay for and which he did not want). 3. UB stayed two nights and moved out on the third day, notifying KL in writing of this intention and his reasons, and requesting a refund of his bond and rent in advance. KL declined any refund and UB claims $900.00. 4. The issues to determine are: • Did KL misrepresent what was being offered in terms of accommodation for rent? • If so, what are U...