Search Results

1. LCRO 63/2021 FB v LK (31 May 2021) [pdf, 166 KB]

   ...Complaints Service was unable to ascertain the status of the two sets of proceedings, but concluded that although Mr FB may well have filed proceedings in the High Court, there were issues about service on Mr LK. [15] The Committee made several requests to both Mr FB and Mr LK for clarification, but matters were not able to be advanced. [16] Nevertheless, Mr LK provided a brief response to Mr FB’s complaint. Response by Mr LK [17] In his letter to the Complaints Service dated 31...

2. [2023] NZIACDT 15 - TC v MacLeod (1 May 2023) [pdf, 136 KB]

   ...against whom a complaint has been upheld to pay any part of the costs or expenses of the inquiry. No such order is sought by the Authority. Mr MacLeod has cooperated in the disciplinary process. No order will be made. [73] The complainant has requested that the Tribunal not adjudicate on “costs”. In any event, the Tribunal has no jurisdiction to make an award for the costs of any party (usually a reference to legal costs). A party’s expenses resulting from the reference...

3. UI v Q Ltd [2023] NZDT 553 (6 March 2023) [pdf, 194 KB]

   ...set out in its Terms and Conditions. However, the provisions of the CGA cannot be contracted out of, and they apply irrespective of the cancellation policy. Referee: JF Tunnicliffe Date: 6 March 2023 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 r...

4. Puohotaua v Paranihi - Rakato and Part Rakato B Māori Reservation (2024) 486 Aotea MB 31 (486 AOT 31) [pdf, 284 KB]

   ...Whakataunga: Judgment date 13 June 2024 TE WHAKATAUNGA Ā KAIWHAKAWĀ A H C WARREN Judgment of Judge A H C Warren 486 Aotea MB 32 Hei Tīmatanga Introduction [1] Shelly Puohotaua requests that I should recuse myself from sitting on an application she filed under s 240 of Te Ture Whenua Māori Act 1993 (the Act), seeking to remove all responsible trustees of the Rakato B Māori Reservation Trust (the removal application).

5. CK v HC & KD [2024] NZDT 537 (11 June 2024) [pdf, 169 KB]

   ...goods or services.” 9. It has previously been held that a person who makes a one-off sale of goods (such as selling a used piece of jewellery on Trade Me) it is not in trade but a private seller, but it can be unclear at what point a person transforms from private seller to being in trade. Factors that should be considered are the nature of the transaction, the total number of sales, the amount of income received from the sales, the number of yearly sales and income from the source....

6. LN v IQ Ltd [2024] NZDT 11 (25 February 2024) [pdf, 189 KB]

   ...that IQ Ltd acts as agent on all matters which enables it to make decisions regarding the tenancy on behalf of LN. Did LN breach of the contract? Organised for four adults and two children to tenant the property 7. The Tenancy Registration Form was filled in by the proposed new tenants. The number of proposed tenants is clearly marked as ‘4 adults and 2 children’. With more analysis, it becomes obvious that the writer of the form has misinterpreted the questions and filled...

7. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 21 (27 June 2022) [pdf, 192 KB]

   ...NZLCDT 38. 21 Family Protection Act 1980. 13 litigation to a late stage. This would have included, at the least, pleadings, procedural motions, any discovery, and at least two substantive affidavits. That work remained in place and formed the foundations for the trial. The further set of lawyers that assumed the file shortly before trial did not have to start from the beginning and there is no evidence that either Ms L or the Legal Services Agency incurred identifiable...

8. [2018] NZSSAA 018 (20 April 2018) [pdf, 502 KB]

   ...available in the form of social security payments, and told the officials she was also seeking financial assistance through MOH. [5.4] MSD staff advised the appellant what type of benefit she could apply for, the details to put into the relevant forms, and she completed the forms under the guidance of MSD personnel. The appellant lacked experience with MSD and MOH processes, and relied on the advice she received from personnel from both ministries. [5.5] The appellant acted in g...

9. [2011] NZCA 56 CA687/2009 New Zealand Dairy Workers' Union Inc v Open Country Cheese Company Ltd [pdf, 142 KB]

   ...Dairy Workers’ Union Inc v Open Country Cheese Company Ltd [2009] NZCA 517, [2009] ERNZ 454 at [5]. 5 New Zealand Dairy Workers’ Union Inc v Open Country Cheese Company Ltd [2009] ERNZ 488 (EmpC) at [5]–[22]. [5] The Cheese Company was formed in 2002. It owns and operates a cheese and milk powder plant at Waharoa, in the Waikato. The Open Country Dairy Ltd (the Dairy Company) acquired the Cheese Company in 2008 and has since operated it as a wholly owned subsidiary....

10. [2007] NZEmpC AC 3/07 McGreal v Television New Zealand Ltd [pdf, 59 KB]

    ...where integration was suggested, TVNZ took care to refute any such suggestion. The request for a bonus is one such example. TVNZ was always careful that the required payments were made only upon submitted invoices. When increases in rates were requested, payment was only agreed following consultation within management. Mr McGreal, while having a substantial amount of work from TVNZ, never reached the position where he was required to be on standby for a full day and perform work...