Search Results

1. [2020] NZEmpC 71 Grigorovich v Precise Ltd [pdf, 344 KB]

   ...factor which generally weighs in favour of the grant of leave. [8] Mr Grigorovich says that he wrote to his representatives on 17 January 2020, following difficulties in extracting a response from them in relation to earlier correspondence. He requested a meeting and one was offered for 24 January 2020. Mr Grigorovich then contacted the Authority. A copy of the determination was emailed to him on 23 January 2020. The email referred to the determination having been issued to...

2. Drever v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 207 [pdf, 175 KB]

   ...earnings plus expenses of $80,000 for that tax year. [6] The Corporation obtained advice from a technical accounting advisor, Mr Jatesh Kanji, who could find no evidence of any income actually being paid to Mr Drever. Further information was requested from Mr Drever. [7] On 15 August 2022, Mr Drever responded in an email: Can you please explain to me why you are seeking information in regards to the company’s financial position profit/loss statements etc. This is possibly a bit...

3. [2023] NZIACDT 9 - WS v Lawlor (23 March 2023) [pdf, 318 KB]

   ...for that. They just needed to add the assessment. The complainant then asked on 17 January whether there was any update from NZQA. He replied on 17 January to say, “Not yet”, noting a response time of three days. He said he had made three requests. [29] The complainant asked Mr Lawlor again on 20 January 2020 about an update from NZQA. He said he would let her know in the morning. She asked again on 21 January. He said he was waiting for a call back. She repeated the r...

4. Bisschoff v Yerman [2015] NZIACDT 101 (11 December 2015) [pdf, 165 KB]

   ...wished to migrate to New Zealand and approached her. They say: [1.1] Ms Yerman agreed to provide immigration services for a fee, payable before they left South Africa for New Zealand. [1.2] Ms Yerman assessed their eligibility to migrate from a form they completed. They then met with Mr Yerman, Ms Yerman’s husband; he is not a licensed immigration adviser. He advised the Bisschoffs that Mr Bisschoff’s occupation was not on the list of qualifications that allow migration to New Zeal...

5. Committee on the Elimination of All Forms of Racial Discrimination – concluding observations 15th-17th reports [pdf, 41 KB]

   UNITED NATIONS CERD International Convention on the Elimination of all Forms of Racial Discrimination Distr. GENERAL CERD/C/NZL/CO/17 15 August 2007 Original: ENGLISH COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION Seventieth session 30 July – 17 August 2007 CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION Concluding observations of the Committee on the Elimination of Racial Discrimination NEW ZEAL...

6. UN v DE Ltd [2021] NZDT 1546 (2 September 2021) [pdf, 211 KB]

   ...48 hours on the 7 September. He confirmed the concrete was checked by the cutter within 24 hours but the concrete was not ready. Given the evidence of Concrete New Zealand’s recommendation along with the New Zealand standard it appears that the former is a recommendation emphasising early cutting. However, given EN pointed out that cutting too early could result in problems there is no proof in the circumstances that cutting within the 48 hours did not meet the standard. The timing of...

7. Marshall v IDEA Services Ltd (HDC Act) [2020] NZHRRT 9 [pdf, 434 KB]

   ...excluded from damages [67] DIGNITY – INTERPRETATION [68] Preliminary matters [68] Dignity in the UDHR, ICCPR and ICESCR [73] Dignity in the context of the HDCA, Human Rights Act and Privacy Act [88] Dignity and the tort of misuse of private information [93] The assessment of loss of dignity – whether subjective or objective [101] The basis on which damages for loss of dignity are to be assessed [103] The positions taken by the parties [108] THE ASSESSMENT OF QUANTUM [111] The...

8. Aitken v Laudermilk [pdf, 78 KB]

   ...best trade practices would be used to complete the work. 8 [24] Given the level of detailing normally provided, Mr Todd stated that it was accepted practice that a builder knew how to construct a flat valley, and if not, they would have requested more information. [25] Mr Todd also says that a designer cannot be expected to be responsible for changes made without consultation after the plans have been prepared. [26] Mr Jones says he had no other involvement in the...

9. [2017] NZEmpC 152 Performance Cleaners v Chinan [pdf, 546 KB]

   ...it is alleged Ms Chinan breached the express and implied terms of her employment agreement. She 28 JP Morgan Chase Bank NA v Lewis, above n 4, at [95]. said Performance Cleaners was not claiming misappropriation of funds or conversion, and the statement of claim should not be read as if it was. She argued that the existence of the employment relationship was a necessary component of each cause of action, as pleaded, and tha...

10. Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 Manu Ariki Marae [2013] Māori Appellate Court 528 (2013 APPEAL 528) [pdf, 266 KB]

    ...detriment of the trust. The 1999 transfer deprived the trust of its right to be recorded as the legal owner of 1.7912 ha reservation area. This formed the grounds for the claim that Areka Phillips’ actions constituted fraud. The transfer also forms the basis for the claim that Areka Phillips, as a trustee, was in breach of trust in arranging the transfer. The claim in personam also arises from these actions which are said to be to the detriment of the trust. 2013 Maori App...