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1. Pue - Ngāti Maru Wharanui Pukehou Trust (2006) 166 Aotea MB 290 (166 AOT 290) [pdf, 669 KB]

   ...rehearing within 28 days. [17] On 9 January 2005 a copy of the minute and order were sent to the trustees and interested parties for whom current addresses were held. By application dated 2 February 2006 Rata Pue then sought a rehearing and that request was granted. Rehearing: 24 February 2006 [18] Mr Pue, assisted by Ms Tamsyn Pue submitted that the meeting should be declared invalid and its outcome ignored. This was because they claimed, the voting procedure was completely compr...

2. Proposed amended Auditing and Monitoring Policy [pdf, 811 KB]

   ...assurance checking The Ministry will generate any information that is required to form a list of providers for assurance checking. Note: Providers are selected depending on the focus of the quality assurance check Ministry records Files may be requested from the Legal Aid Office for review as part of the assurance checking process. Checking information and identifying areas of concern The Provider Services Team reviews the content of the reports, and any other documents, to dete...

3. [2010] NZEmpC 48 DAS Transport Ltd v Kirkwood [pdf, 26 KB]

   ...had been instructed about a month previously, he was unable to attend the Authority’s investigation meeting on 12 November 2009 because of his involvement in another case for another client on that day. The Authority declined Mr Gwilliam’s request for an adjournment and declined to direct the case to further mediation. It proceeded with its investigation meeting on 12 November 2009 in the absence of the company or any representative of it. [5] The evidence in support of the co...

4. [2013] NZEmpC 159 2013 Lin v Zhou [pdf, 71 KB]

   ...failure to comply with an earlier compliance order made by the Employment Relations Authority (the Authority). 1 The plaintiff also seeks a compliance order in relation to non-payment of a costs award in this Court. [2] The plaintiff brought a claim against the defendant relating to unpaid wages. The claim succeeded, for reasons set out in the Authority’s substantive determination (dated 31 January 2012). 2 The Authority ordered the defendant to repay the sum of $5,000 to...

5. LCRO 132/2018 PY v SD (15 February 2019) [pdf, 106 KB]

   ...others, a fact which is reinforced when the rule specifically refers to “self-represented persons”. 8 Duncan Webb “Are Lawyers Regulatable?” (2008) 45(5) Alta L Rev 233 at 253. Mr Webb was a former professor of law at Canterbury University and co-author of the text Ethics, Professional Responsibility and the Lawyer; Letter of complaint, above n 1, at [21]. 9 At [22]. 10 PY v SD LCRO 217/2017 (26 March 2018). 11 At [34]. 5...

6. [2009] NZEmpC WC 17A/09 Idea Services Ltd v Dickson [pdf, 138 KB]

   ...as provided in the relevant award, or for a sum calculated in accordance with the minimum wage prescribed by the Minimum Wage Act 1945. The evidence established that, in respect of the 32 hours of work at ordinary time which the plaintiff performed during the week in question, he had received a sum in excess of what he would have received had he worked 40 hours at the minimum wage rate. 2 [1950] NZLR 481 [14] Mr Toogo...

7. [2018] NZEmpC 106 X v The Chief Executive of the Department of Corrections [pdf, 683 KB]

   ...frequency of this ongoing contact, or attempted contact, and what was said, prompted Ms Z to make temporary changes in her private life. Between 31 October and 10 November 2014, she stayed with friends. She did that because Mr X continued to ignore requests to give her “space”. [10] Mr X and Ms Z met on 3 November 2014, and she confirmed the relationship was over. She sent him an email later that day with the same message. He did not stop. The next day he telephoned her...

8. LCRO 173/2014 G NP and H NP v DC (27 September 2018) [pdf, 289 KB]

   ...failing to comply with Court directions. (b) Ms DC was incompetent in that: (i) she did not know what a s 133 COCA report was; and (ii) she did not file documents correctly and had to be corrected by a judge. (c) Ms DC failed to respond to requests from other counsel as to filing documents and clarifying contact arrangements. (d) Ms DC acted unprofessionally by calling another lawyer names in front of members of the public. (e) Ms DC misled the court as to her knowledge of the...

9. [2014] NZEmpC 109 Hixon (Labour Inspector) & Collins v Campbell Ors interlocutory [pdf, 62 KB]

   ...3 put before us, that reasonable efforts have been made to serve Mr and Mrs Campbell but these have been unsuccessful. We are satisfied that the proceedings will have come to their notice by sending them to the Post Office Box as Mr Campbell requested. [13] We make an order accordingly, that is that service was effected on the first and third defendants on 21 June 2014, the date of probable receipt of the documents in the Post Office Box. The one condition that will attach to th...

10. ABH v ZYV Ltd [2013] NZDT 37 (28 May 2013) [pdf, 117 KB]

    ...home and repair her blinds is unreasonable. Can ZYV Ltd’s charge ABH a late payment fee? [12] ZYV Ltd has sought to charge ABH a $20.00 late payment fee. The terms of the agreement between the parties crystallised when the contract was formed. This was when ZYV Ltd agreed to repair ABH’s blinds. At that point, charges had not been discussed and no reference was made to a late payment fee. For this reason, I find that payment of a late payment fee was not part of the ag...