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1. Whare v Trustees of Pukerewa A Trust - Pukerewa A (2015) 95 Waikato Maniapoto MB 105 (95 WMN 105) [pdf, 252 KB]

   ...contended that the terms of reference for the sub-committee were clear, they knew what the budget was and they were obliged to report to the Trust. They failed to properly supply the trustees with reports and financial information, despite repeated requests, and as a consequence money was expended by the sub-committee before the trustees were aware that the budget had been exceeded. 95 Waikato Maniapoto MB 119 [55] Mr Clark further submitted that the strategic planning wanang...

2. [2011] NZEmpC 12 Unite Union Inc and Sherman v SkyCity Auckland Ltd [pdf, 205 KB]

   ...were not on strike were reasonably happy with the offer that had been made. [29] I found Ms Walker to be a credible witness who was not shaken in cross- examination and who answered truthfully and responsively. [30] The plaintiffs have also claimed that other forms of pressure on other union members, specifically security guards, have been exercised by the defendant when the security guards engaged in short duration strikes. They were allegedly threatened with a stoppage of over...

3. [2016] NZEmpC 34 Advance International Cleaning Systems NZ Limited v Hamilton [pdf, 160 KB]

   ...21 December 2015. The courier information indicates that this item was in fact uplifted from Advance on 16 December 2015. Since this is the same date as the filing fee was direct-credited, I find that this was the date on which a courier was requested and attended, rather than 15 December 2015 as asserted in Mr Nadan’s submission. [15] If the courier had delivered the statement of claim according to expected delivery specifications, that is the next day, the statement of claim w...

4. Preece v Hokotehi Moriori Trust (2010) 5 Te Waipounamu MB 83 (5 TWP 83) [pdf, 109 KB]

   ...Ngahiwi Dix consider themselves to be of Ngāti Mutunga descent. [4] The Hokotehi Moriori Trust (“HMT”) represents the imi/iwi of Moriori on Rekohu/Chatham Islands. Since the early 1990’s the Hokopapa/Whakapapa Unit of HMT has received requests from some descendants of Ngahiwi Dix to become registered members of HMT in the belief that Ngahiwi Dix was also of Moriori descent. [5] After several years research by the Hokopapa Unit, the trustees of HMT accepted that Ngahiwi D...

5. Koppula v Zhou [2014] NZIACDT 116 (27 November 2014) [pdf, 236 KB]

   ...background to the complaint: [9.1] Ms Zhou was the sole licensed immigration adviser conducting an immigration practice under the name Richard Martin Immigration Ltd (the Practice) from 30 May 2011. [9.2] Mr Richard Martin controlled that company, he was formerly a lawyer, but had been struck off the roll in July 2010 for a range of deceptive and dishonest behaviour. He had a conviction for stealing $17,850 from clients of the law firm where he worked, and in September 2009 was sentence...

6. Hetaraka v Auckland Council - Allotments 170-176 Parish of Manurewa (2017) 158 Taitokerau MB 248 (158 TTK 248) [pdf, 215 KB]

   ...Auckland Council. A20160005969 – Tamaki Girls College Site [5] This application seeks to cancel or amend all orders concerning Lot 63 Deposited Plan 41449 and Lot 194 Deposited Plan 44298 and to injunct all trusts for fraud. 4 This land is the former site of Tamaki Girls College. It is owned by Whai Rawa. 1 A20160006578, A20160005969 and A20160005924. 2 Computer Freehold Register NA758/49. 3 Computer Freehold Regis...

7. [2024] NZEmpC 148 Jeon v A Labour Inspector [pdf, 217 KB]

   ...Mr Kang filed submissions Ms Jeon elected to act for herself which she did at the 19 April 2024 hearing. During the hearing she reconsidered the decision to act for herself and sought an adjournment so she could be represented by counsel. That request was granted. Ms Jeon then appointed another lawyer who acted for her at a subsequent directions conference before Mr Kang was reappointed. The plaintiff’s submissions, discussed below, were prepared by Mr Kang and filed in antici...

8. QD & XD v QN [2021] NZDT 1683 (10 December 2021) [pdf, 181 KB]

   ...bargain, intended to show the payer’s sincerity and intention to complete the purchase. In many contexts, such as that of a conditional contract, it is understood that a deposit will be refunded if the contract is not completed, and it is intended to form part of the purchase price when the contract is fulfilled. However, the fact that a payment is called a “deposit” does not meant that it is automatically refundable if the contract is not completed. Generally, if the buyer is in bre...

9. Khan v Khetarpal [2016] NZIACDT 6 (22 January 2016) [pdf, 239 KB]

   ...wished to proceed regardless. [13.4] Ms Khetarpal then proceeded to file the EOI; she did so electronically. The electronic system prevents a non-qualifying application, so Ms Khetarpal had to file the electronic documents stating the applicant had “claimed” points for skilled employment; though she knew he did not have the points. She excuses this falsity on the basis it only says the applicant “claimed” points, not that he had the points. The electronic form also required a dec...

10. [2018] NZEmpC 20 Smith v Director General of the Ministry for Primary Industries [pdf, 282 KB]

    ...Mr Smith and Mr X telling them a formal investigation would be conducted. The allegation about Mr Smith to be investigated was that, without provocation, he repeatedly punched and struck Mr X while they were in the bar. Both men were informed that David Blake had been appointed to investigate the complaints and to report to MPI about them. A copy of his comprehensive terms of reference was provided. [15] Both men were informed that if there was a finding of serious misconduc...