Search Results

1. Wiezoreck v McHugh [2013] NZIACDT 35 (4 June 2013) [pdf, 240 KB]

   ...in relation to fees. [4] Each of the issues was essentially factual. There was also an element of judgement regarding the advice Ms McHugh gave Mr Wiezoreck in relation to his immigration prospects. [5] It suffices to note Ms McHugh provided information to establish the only aspect of the complaint that would potentially be upheld was the issue relating to fees. [6] That was the most serious aspect of the complaint. When Ms McHugh disclosed her file it emerged she had told Mr Wiezore...

2. [2020] NZEmpC 187 Coetzee v Oamaru Meats Ltd [pdf, 165 KB]

   ...Oamaru Meats Ltd because he had signed a settlement agreement resolving the employment relationship problems between them.1 [2] Mr Coetzee had worked as a maintenance electrician/engineer for Oamaru Meats from April 2018 until September 2019. He claimed to have been unjustifiably dismissed and/or disadvantaged during a redundancy process that he believed was predetermined and did not satisfy the company’s good faith obligations required by

3. Exploring-cost-of-crime-in-NZ-Factsheet.pdf [pdf, 255 KB]

   ...1 Meehan, L., & Schober, T. 2024. The costs of crime victimisation in Aotearoa: Evidence from the NZ Crime & Victims Survey linked to administrative data. New Zealand Policy Research Institute, Auckland. mental health and addiction information collection PRIMHD. A higher proportion of victims, compared with non- victims, experienced mental health problems both before and after participating in the NZCVS. However, the change in probability of having mental health probl

4. Poutu v McDonald - Kaipakopako 2C2 (2024) 487 Aotea 78 (487 AOT 78).pdf [pdf, 230 KB]

   ...cause, per s 240 of Te Ture Whenua Māori Act 1993 (the Act) (Removal Application). [2] Rarely are removal applications clear-cut, but this is one of those occasions. Mr McDonald confirmed in open court that he was not prepared to comply with the requests made by his co-trustees in circumstances where there is no basis not to.2 [3] Given this repeated refusal to act, I remove Mr McDonald as a responsible trustee for cause and set out my reasons in more detail below. Kōrero whā...

5. [2010] NZEmpC 94 Hutton & ors V Provencocadmus Ltd (In Receivership) & ors [pdf, 49 KB]

   ...the plaintiffs’ favour by the Authority. The plaintiffs confirmed that they were not asking the Authority to determine the order in which payment is to be made to them as a particular group of preferential creditors. What they sought was a formal determination or declaration on liability and the fixing of quantum. That is not just for the admitted claims of wages or salary, holiday and redundancy compensation but may include other money as well including reimbursement and compe...

6. KT & XG v ZA [2022] NZDT 30 (5 May 2022) [pdf, 101 KB]

   ...the accommodation booking would not be able to be used, so KT and XG contacted ZA on 17 October and requested that the booking dates be changed to February. 3. ZA replied “No refunds or cancellation” and KT and XG made the request again more formally through the [Travel website] website on 18 October 2021. ZA did not reply to that second request until 31 October 2021. The booking cancellation policy had included provision for a 50% refund to be made if the applicants cancelled p...

7. [2006] NZEmpC WC 10/06 Timmins v Asure New Zealand Ltd [pdf, 121 KB]

   ...determined that Mr Timmins was not a fit and proper person to hold a meat inspector’s licence. [45] After taking legal advice, Mr Timmins decided to revive his earlier personal grievance. His new solicitor wrote to ASURE on 25 February 2002 requesting information which was sent on 28 February 2002. On 16 April 2002 Mr Timmins’s solicitor wrote advising that Mr Timmins’s earlier personal grievance claim was being revived and an amended statement of problem would be filed....

8. AEN and AEO v ZVJ Ltd, ZVI and ZVH [2013] NZDT 336 (23 January 2013) [pdf, 83 KB]

   ...less than ten millimetres. Section 22 of the Act states: 22 Where fence to be built Save as otherwise agreed or ordered by the Court, the middle of a fence shall be upon the boundary line: Provided that, where a fence is supported by or formed about posts, the posts shall be placed on the boundary line or as near thereto as practicable. [11] It is agreed in this case that the fence is not on the boundary line. However, AEN and AEO claim it has been put in a line that ena...

9. [2017] NZEmpC 142 Impulse Fishing v Smith [pdf, 157 KB]

   ...telephone conference on 25 October 2017, I raised with the parties the desirability of conducting only one trial of all outstanding issues with obvious efficiencies for the Court and potential cost savings for both parties. That prompted a combined request for this challenge to be stayed while the investigation before the Authority, as to quantum, is concluded. [12] In Transpacific All Brite v Sanko8 the Court recognised that it has the power to order a stay of proceedings before it...

10. BR v YI Ltd 2015 NZDT 803 (25 June 2015) [pdf, 72 KB]

    ...that was contracted for. [7] BR contends that ABC should have included in its report the presence of a commercially fitted oil catch-can as he has since been advised that this is indicative of engine problems. ABC disputes this and presented information on oil catch-cans sourced from the internet. I accept that this search revealed no information that suggested the presence of an oil catch-can points to problems, rather that they are fitted to improve engine performance. [8] BR...