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1. RN v UM [2023] NZDT 60 (27 February 2023) [pdf, 98 KB]

   ...decided to remove herself from the hearing by disconnecting from the teleconference. Prior to the hearing UM had requested three witnesses be summoned by the Registrar. This was referred to me and I declined the request. The Registrar emailed UM to inform her of that decision and that a decision about witnesses would be made at the hearing. At the commencement of the hearing today UM raised this issue and was told again that witnesses may be summoned after I have heard from both parti...

2. Jury service - response to jury summons previously deferred form [pdf, 1.5 MB]

   ...reasons. Please complete and send page 1 and page 4 Give us your details Full name: Address: Date of birth: Tell us your phone and email in case we need to contact you Cell: Home: Work: Email: Give us your jury summons details This information is at the top right of your jury summons letter. Juror ref: Jury service date: Court name: I am coming to jury service Tell us about any costs you may have to pay when doing jury service Travel costs I will use public tr...

3. Hauiti v Tamati - Puhunga A7D1 (2017) 68 Tairawhiti MB 100 (68 TRW 100) [pdf, 334 KB]

   ...of the land at the time of the trespass. Who had possession of the land at the time of the trespass? Applicants’ submissions [37] Ms Bennett argued that although the applicants were not occupiers of the property at the time the applicants requested Ms Tamati vacate, she has nonetheless committed a tort of trespass. [38] In addition Ms Bennett submitted that the circumstances of this case come within the exception to the general principle that only a person who had possession o...

4. [2021] NZIACDT 26 - RH v Ji - Sanctions (23 December 2021) [pdf, 277 KB]

   ...were caused by the engagement of unlicensed immigration advisers, not his misconduct. 10 (4) The legal costs were not directly caused by his misconduct, but by the engaging of unlicensed advisers. (5) There is no evidence to support the requests for mental compensation or for reputation damage. (6) It is alleged that he knew that Mr A had provided unlawful immigration advice, but this remains unknown. (7) Mr Ji accepts he had a cavalier approach to paperwork and engaged in...

5. [2022] NZEmpC 76 NZQA v Hickey [pdf, 329 KB]

   ...would end on 24 December 2021. He was informed that the complaint by Ms Short was still to be investigated. The letter advised him that a complaint he had made concerning being stressed about work events would be investigated. Mr Hickey had requested a copy of a form he had filed relating to health and safety through NZQA’s intranet and one was provided with the letter. [37] At the time the 2 December 2021 letter was written the term of the employment agreement had about thre...

6. Keightley v Accident Compensation Corporation (Entitlement to Surgery) [2024] NZACC 003 [pdf, 240 KB]

   ...Synovitis is inflammation of the (synovial) membrane that lines joints possessing cavities. 6 The os calcis is the heel bone. 6 [22] On 27 February 2022, an assessment report and treatment plan (“ARTP”) was completed by Mr Tomlinson, requesting surgery funding for Ms Keightley. The diagnosis provided on the form was a malunion anterior process fracture right os calcis. In terms of causation from the covered injury, Mr Tomlinson noted “anterior process fracture with malu...

7. [2021] NZEmpC 170 Oasis Network Inc v Douds [pdf, 249 KB]

   ...Authority’s determination [2] To set the scene it is necessary to summarise the findings made by the Authority giving rise to the non-de novo challenge brought by Oasis Network Incorporated (Oasis). [3] The employee involved, Ms Kathryn Douds, claimed she had been unjustifiably disadvantaged when a final warning was issued in circumstances that were neither fair nor reasonable on 5 February 2020, and that her employer, Oasis, failed to properly investigate concerns she had rais...

8. [2013] NZEmpC 145 AARTS v Barnardos NZ and Ors [pdf, 185 KB]

   ...this conduct in litigation. Although the parties were given an opportunity to seek leave to join counsel as a party for the purposes of costs, the defendant elected not to do so. The Court commented 5 that, had the unsuccessful plaintiff’s former counsel been joined as a party for the purposes of costs, “he would have very likely faced a substantial order made against him personally”. McKean was a very unusual case as the judgment records 6 “for reasons in part connecte...

9. LCRO 201/2021 DK obo The LK Estate v BY and FM (31 July 2023) [pdf, 305 KB]

   ...and another lawyer, Mr CV of [Law firm B]. [34] The outcome was that Mrs LK engaged Mr CV as her new lawyer and instructed delivery of her documents held by [Law firm A] to [Law firm B]. Mr BY arranged the delivery of her documents to Mrs LK but requested an assessment of her mental capacity before delivering them to Mr CV. [35] Mrs LK’s capacity was duly assessed, favourably, and Mrs LK’s documents were delivered to [Law firm B]. This was in mid-August 2015. Mr CV arranged for...

10. [2010] NZEmpC 9 Smith v Evolution E-Business Ltd [pdf, 36 KB]

    ...(b) working for a competitor whilst employed by Evo; (c) of his own volition assisting a competitor involved in litigation against Evo. [5] No other particulars are provided. It then pleaded that Mr Smith chose to ignore all requests to comply with the terms of the employment agreement and that his actions were deliberate and caused significant harm, “financial and otherwise” to Evo. No details of that harm are provided. Evo seeks a compliance order requiring...