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1. [2016] NZEmpC 117 NZMWU Inc v AFFCO NZ Ltd [pdf, 160 KB]

   ...as Job Seeker Support) or working elsewhere, either on the employee’s own account or for someone else? c) Is assessment of such a sum subject to an obligation to mitigate loss? Wages or damages? [8] AFFCO contends that the plaintiffs’ claims are in fact for damages; and that orthodox principles relating to the assessment of damages should apply. [9] The Union and affected employees, by contrast, contend that the amounts claimed are for “wages” as defined under the WP A...

2. LCRO 105/2020 AG v BH & CI (19 February 2021) [pdf, 179 KB]

   ...that: (a) she contested the amount she had been charged for the services provided; and (a) her lawyers had “breached provisions of the Lawyers and Conveyancers Act Rules 2008”,1 and (b) her lawyers had failed to return documents to her upon request made to uplift those documents. [10] After having been provided with a copy of Ms AG’s complaint, request was made of Mr EK to provide the Committee with his time records and copies of email correspondence. [11] The Standard...

3. TU v Hakaoro [2013] NZIACDT 67 (8 October 2013) [pdf, 164 KB]

   ...2011, in pursuance of instructions from the complainant. Mr Hakaoro said these instructions were received as a “social worker”. [86] However, the instructions related to the custody of her children. The complainant gave evidence that one of the forms of pressure used by Mr Hakaoro when sexually propositioning her was that he could secure the right for her children to come to New Zealand. Regardless, it is not consistent with the professional relationship having been terminated prior...

4. [2017] NZEmpC 33 NZ Meat Workers and Related Trades Union Inc and Anor v AFFCO NZ Ltd [pdf, 208 KB]

   ...obtained instructions, on 23 November 2015 Mr Wicks confirmed that all members who were seasonally laid off at the end of the previous season and who had to yet to be re-employed, would be re-engaged on the terms of the based-on iea. The Union was requested to confirm the names of the members who wished to be re-employed. At this stage, no reference had been made to the possibility of members at Wairoa being re-employed only on a night shift. A response was sought by 27 November...

5. Nerai - Ototoika A5B (2002) 119 Otorohanga MB 168 (119 OT 168) [pdf, 950 KB]

   ...until 31 October 2001. Rent was paid to the Maori Trustee and distributed to the owners annually. She could see little need to call meetings and these would only result in costs being incurred. Claims were made that the trustees had not heeded requests to call meetings. Enid Tata denied that any requests have been made of her to call meetings. I am not therefore able to rule as to whether or not any such requests had been made but it did appear that requests had been made to Alan...

6. Audit Summary Report 2016-2017 [pdf, 433 KB]

   ...parties, Police, Crown, Court and Ministry often led to a good outcome for the client and securing additional funding where appropriate. “These letters were unusually helpful and comprehensive and were on each file. This resulted in there being no requests by Legal Services being necessary to obtain further information or clarification.” 6 Acceptable results Audits rated acceptable sometimes had incomplete or patchy client care documentation or no final reporting letters o...

7. Marine and Coastal Area - Provisions for protecting customary interests [pdf, 159 KB]

   ...by applicants to gain a CMT group’s permission The following sets out the procedural steps to be followed by a person seeking permission from a CMT group to carry out an activity which is not an accommodated activity:  Permission must be requested by notice to the CMT group at any time before a resource consent commences (section 67(1)).  The CMT group must notify in writing its decision on a request for permission to the applicant and the relevant consent authority and, if...

8. TQ v FW LCRO 214/2015 (27 September 2016) [pdf, 64 KB]

   ...company. In that letter Ms FW confirms that Mr WA had instructed her to provide advice to him. It appears Mr WA’s role had been the subject of a restructuring process, and that he had been offered amended terms of employment by the company. Ms FW requested information from the company in order to advise Mr WA on his employment and wages position.9 [16] On 17 September 2015 Mr TQ sent an email to NZLS reporting Ms FW had communicated “sensitive and confidential” information direct...

9. AFE Ltd v ZUR Ltd and ZUQ [2013] NZDT 150 (25 June 2013) [pdf, 67 KB]

   ...increasing because ZUR Ltd was changing its mind as to what was required. In particular, ZUR Ltd wanted a simpler machine than was formerly intended when the contract was made between them, and later wanted a collapsible hub which also had not formed part of the required design when the contract was created. SK states that ZUR Ltd ought to have known that such changes would result an increased number of payable design hours. [14] While I acknowledge CM’s point that small changes...

10. BORA Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Bill [pdf, 290 KB]

    ...historical claims of each iwi and hapū comprising Ngā Mana Whenua o Tāmaki Makaurau is progressing, and in some cases has been completed through negotiations with the Crown. It is intended the redress provided by the collective deed will ultimately form part of each of these individual iwi or hapū settlements. 4. The Bill provides the Tūpuna Taonga o Tāmaki Makaurau Trust (the Taonga Trust), is the beneficiary of the cultural redress provided under the Bill. This includes the ve...