Search Results

1. Wellington Standards Committee 1 v McCardle [2025] NZLCDT 14 (17 March 2025) [pdf, 89 KB]

   ...a muddled lapse, not an exercise of wickedness. [17] We (the Tribunal) erred in omitting to refer, in our liability decision, to Mr McCardle’s having made an admission in relation to a discrete part of the charge. The Standards Committee requested us to recall the decision. We did not do so but there was an additional round of written submissions and further work by the Tribunal. We thought the Standards Committee was justified in pulling us up on our oversight. It was req...

2. [2019] NZEmpC 157 Van Kleef v Alliance Group Ltd [pdf, 475 KB]

   ...been instructed to perform. It found that her collective employment agreement (CEA) contained an availability clause which did not comply with the Employment Relations Act 2000 (the Act) so that overtime could not in those circumstances have been requested. This led to a conclusion that she had successfully established a grievance that her employer had contravened s 67F of the Act, which meant that her dismissal was unjustified entitling her to remedies.2 The fixing of remedies w...

3. [2010] NZEmpC 57 Smith v Attorney-General for Commissioner Of Police [pdf, 29 KB]

   ...directed to be the plaintiff’s. The defendant likewise prepared the agreed chronology. In addition to the hearing itself which occupied four days, there were three telephone conferences between counsel and the Court and, at the plaintiff’s request, he provided additional disclosure of documents relating to the plaintiff’s argument that he had been the subject of disparate treatment when compared to other police officers in similar situations. As the defendant points out, thes...

4. Stewart v Accident Compensation Corporation (Costs on discontinuance of appeal) [2023] NZACC 108 [pdf, 153 KB]

   ...Hearing: On the papers Held at: Wellington by AVL Appearances: K Koloni for the Appellant P McBride for the Accident Compensation Corporation (“the Corporation”) Judgment: 3 July 2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for costs on discontinuance of appeal] Introduction [1] The claim for costs in this matter relates to two appeals: (a) ACR 68/22, from the decision of the Corporation dated 9 March 2022 declining Ms Stewart’s requests for cost...

5. Response to third party claim [pdf, 187 KB]

   Form 85 Ministry of Justice Collections Unit  www.justice.govt.nz/fines/civil-debt 0800 233 222 Notice to registrar: response to third party claim Court reference number Agent reference number This notice relates to the court case between (Full name of judgment creditor(s))  and (Full name of judgment debtor)  To a registrar of a District Court This document notifies you that: Select one of the following: I accept (Name of third party’s)  claim to ownership of the fol...

6. [2015] NZEmpC 106 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 94 KB]

   ...if they are relevant. The plaintiff says that to the extent that the head of privilege claimed is litigation privilege, documents which may have attracted litigation privilege in proceedings between the defendant and the plaintiff’s former employer about issues associated with those in this case, the conclusion of that earlier litigation extinguishes the privilege that can be asserted in those documents. [4] The second interlocutory application the plaintiff wishes to fil...

7. IP v AR LCRO 161 / 2011 (15 June 2012) [pdf, 58 KB]

   ...The Standards Committee considered the complaint and the Practitioner’s response. The Committee declined to uphold the complaint, having found that they were unsubstantiated. The Committee noted that two of the papers that the Applicant had requested had been located on the file, and had been forwarded to the Applicant. Review [5] The Applicant sought a review because he felt that the issues had not been adequately addressed by the Standards Committee. He added that he was gra...

8. SQ v MN Inc [2021] NZDT 1472 (8 August 2021) [pdf, 189 KB]

   ...not uncommon for a pet to find its way to the old house after the owners move. MN did not contact the neighbour to ask the address of the person who had supposedly moved away. I find that this would have been a reasonable step to take, given the information that [Veterinarian] had received. Since MN failed to take this step, I find that it is liable to SQ for the conversion of her cat. What order, if any, should be made? 14. Since a third party who was not involved in the proceedings no...

9. TM v DD [2019] NZDT 1469 (18 November 2019) [pdf, 122 KB]

   ...carries the burden of satisfying me her version is correct. As both could equally be correct, TM has not discharged the burden of satisfying me that T had arthritis at time of sale. 18. At the time of discussing the sale and purchase of T, DD informed TM that T had a history of osteochondrosis (“OCD”) and he had the potential to develop arthritis at an earlier age. TM was aware of this and chose to go ahead with the sale. 19. DD made a statement about her belief about the futu...

10. SJ & NY v XT Ltd [2021] NZDT 1644 (6 October 2021) [pdf, 206 KB]

    ...15. For these reasons SJ and NY are not liable to pay XT Ltd the amount of $289.80, being the sum overestimated for water use between February and October 2020. Referee: K Rendall Date: 6 October 2021 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...