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1. [2015] NZEmpC 178 Twentyman v The Warehouse Ltd interlocutory [pdf, 116 KB]

   ...that Ms Twentyman is wrong to believe that the filing of a challenge stays automatically the execution of the Authority’s orders. 5 [16] Ms Twentyman’s opposition to the application for security for costs is contained principally in the form of a memorandum to the Court rather than the expected notice of opposition and affidavit in support. Ms Twentyman’s (therefore 5 See Employment Relations Act 2000, s 180. unswo...

2. CMT v EQC & Tower Insurance Ltd [2021] CEIT-2019-0012 [pdf, 292 KB]

   ...Applicants say that it is not the exercise of a discretion that leads to the liability, but rather whether Tower authorised such fees being incurred. It follows that the Applicants must seek permission from Tower to incur such fees and that, once such a request is received, Tower must consider that request in terms of its duty of utmost good faith to the Applicants. [85] While it is correct that a failure to pay a sum due is a breach of the contract of insurance, such a failure mus...

3. McLenachan v ACC [2013] NZACA 11 [pdf, 97 KB]

   ...decision was issued on 9 March 2011. This re-stated the 5 July 2000 decision under s 53(9) of the 1982 Act, because, it was said, the decision was made to defer the implementation of the reduced rate until 14 September 2000. That decision was not formally conveyed in writing and this prevented Mr McLenachan applying for a review. The decision made in this letter was to implement the rate of reduced compensation from 14 September 2000. The right of review was given under the 2001 Act....

4. D Ltd v C (NZ) Ltd [2024] NZDT 116 (17 April 2024) [pdf, 175 KB]

   ...so, what remedy is appropriate? e. Was there any false or misleading conduct in trade by the respondent? f. If so, what remedy is appropriate? Who was the contract between? 7. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can Page 2 of 3 only be enforced against the parties to the contract, so it is important to determine whether D...

5. LCRO 369/2013 WS v AD (29 August 2017) [pdf, 334 KB]

   ...summarised the issues of complaint as being:20 (a) Mr AD provided inappropriate advice in relation to the purchase of Unit M. (b) Mr AD provided incorrect and conflicting advice in relation to [Company T]. (c) Mr AD failed to respond to IRD requests for information regarding Mr WS. 18 Standards Committee decision at [17]. 19 At [22]. 20 At [13]. 14 (d) Mr AD failed to advise Mr WS of the correct interest rate in relation to...

6. [2009] NZEmpC AC 29/09 Ogilvy NZ Ltd v Whitten [pdf, 26 KB]

   ...to the costs award could also be disposed of on the same papers. [3] The application for leave was supported by an affidavit of Stephanie Cooper, the personal assistant of Chris Patterson, counsel for the applicant. It referred to a request on 3 April 2009 by the respondent through her counsel, Ms Hornsby-Geluk, requesting payment of the Authority’s award of costs totalling, with GST, $4,934.25. Mr Patterson replied on 6 April 2009 saying Ogilvy NZ regarded the award a...

7. [2013] NZEmpC 128 Taiapa v Te Runanga o Turanganui a Kiwa [pdf, 38 KB]

   ...(also excluding GST). [2] The defendant was also successful in the Employment Relations Authority1 resulting in a costs award2 1 [2012] NZERA Auckland 252. in its favour of $4,650 which, despite requests, has not been paid to it, so that the defendant has now commenced proceedings for a compliance order in that forum. 2 [2012] NZERA Auckland 289. [3] The defendant has both established that its costs of legal representatio...

8. BORA Organic Products Bill [pdf, 184 KB]

   ...expression (such as advertising or labelling).2 9. The Bill contains various provisions of a regulatory nature that prima facie limit the right to freedom of expression, such as to: make and keep records, publish statements and provide information requested by the relevant chief executive, organic products officer or any other prescribed person in certain situations. They mostly apply to the operator or recognised entity. These provisions are necessary to ensure efficient and effective...

9. DN v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 145 [pdf, 185 KB]

   ...concussion injury and a traumatic amputation of the right finger, for which he received cover. [3] On 22 April 2011, the applicant suffered a physical injury and post-traumatic stress disorder in a sexual assault. [4] On 16 January 2013, the applicant claimed for cover for the physical injury suffered in the assault. On 9 May 2013, the Corporation approved exploratory surgery. The Corporation subsequently granted cover for post-traumatic stress disorder. [5] On 14 November 20...

10. [2017] NZEmpC 132 Waikato District Health Board v Archibald [pdf, 457 KB]

    ...affected staff, including Mrs Archibald, the degree of impact remained unclear until a late stage. That undermined Mrs Archibald’s ability to substantively engage in the consultative process. Further, it is apparent that a firm view was formed early on that it was perfectly reasonable to expect someone in Mrs Archibald’s position to travel nearly three hours a day to attend team meetings in Hamilton. While accepting that the position would likely have been different had...