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1. [2024] NZEmpC 28 Keighran v Kensington Tavern Ltd [pdf, 250 KB]

   ...and beyond” to ensure that it was a success.1 It is equally evident that Mr Keighran did not feel as though his efforts were being sufficiently reflected in his pay, which was $23 per hour. On 25 July 2020 he sent an email to Mrs McLean-Woods requesting a pay rise by way of a weekly/monthly bonus based on a percentage of the turnover for that period. Mrs McLean-Woods took time to consider the request, and advised Mr Keighran that it was declined. [5] An incident occurred on 26...

2. Audit Summary Report 2016-2017 [pdf, 433 KB]

   ...parties, Police, Crown, Court and Ministry often led to a good outcome for the client and securing additional funding where appropriate. “These letters were unusually helpful and comprehensive and were on each file. This resulted in there being no requests by Legal Services being necessary to obtain further information or clarification.” 6 Acceptable results Audits rated acceptable sometimes had incomplete or patchy client care documentation or no final reporting letters o...

3. Director of Human Rights Proceedings v Slater [2019] NZHRRT 13 [pdf, 717 KB]

   ...recurring theme in the Director’s oral submissions was that when the Privacy Act was enacted in 1993 Parliament did not have blogs in mind and for that reason the media exemption did not apply to them. The benefit of the exemption only attaches to forms of media subject to statutory or voluntary regulation which prescribes minimum standards regarding accuracy, balance, fairness and associated ethics. [41] The point has perhaps been best expressed by the Law Commission in The News Medi...

4. [2021] NZACC 107 - Ballantyne v ACC (19 July 2021) [pdf, 176 KB]

   ...Ballantyne’s review application for want of jurisdiction on the grounds that it did not relate to a decision of the Corporation. [3] The issues to be determined are: [a] Whether the Corporation made a “decision” on Mr Ballantyne’s “claim” on 1 June 2013, as defined in s 6 of the Accident Compensation Act 2001 (the Act); and [b] Whether there is a power to review the Corporation’s decision of 13 September 2017, which was made in favour of Mr Ballantyne? ACR 3...

5. Retto v Standing [2012] NZIACDT 47 (30 August 2012) [pdf, 117 KB]

   ...he had agreed to provide. [5] Mr Retto came to New Zealand to try and resolved these issues. He met with Mr Standing and concluded he was not providing the services he agreed to provide. [6] Mr Retto terminated Mr Standing’s engagement, and requested that Mr Standing refund the money he had paid. Mr Standing ignored the requests. [7] The evidence provided grounds for potentially taking the view that Mr Standing dishonestly misrepresented to Mr Retto he could provide him with the o...

6. Waitangi Tribunal - Te Paparahi o Te Raki - statement of issues for stage 2 [pdf, 595 KB]

   ...this impact on the ability of Te Raki Māori to exercise their tino rangatiratanga? e. In what ways has the Crown asserted their kāwanatanga over Te Raki Māori and what was the response of Te Raki Māori to this? f. What was the nature of any forms of autonomy sought by Te Raki Māori, such as within rūnanga or movements such as Kotahitanga? g. How did the Crown engage with any such proposals or entities? By what other means did Te Raki Māori attempt to engage politically with th...

7. [2019] NZEnvC 184 Ngati Whatua Orakei Whai Maia Limited v Auckland Council [pdf, 25 MB]

   ...the Principal Environment Judge directed that the application for declarations be adjourned, and the preliminary question proceed to hearing. Counsel were directed to endeavour to agree questions for determination and a factual matrix as a platform. The question before the Court [9] The parties agreed the following question: Does the Environment Court.3 have jurisdiction to determine whether any tribe holds primary mana whenua over an area the subject of a resource consent applica...

8. QC v-DH Ltd & DN & MS [2021] NZDT 1601 (24 June 2021) [pdf, 176 KB]

   ...important is the meaning it conveys; the intention of the representor is irrelevant. The misrepresentation must have been made to the applicant. 6. The statement made by the respondent to the applicant was that the amount of time required to perform the raking and rolling services would be four hours for two workers. This time requirement represented was four times the actual time required to carry out the services. I am satisfied the representation of the required hours did contain a m...

9. XC v UD [2023] NZDT 766 (8 December 2023) [pdf, 203 KB]

   ...evidence that it will take an estimated $7,000.00 to bring the vehicle into the condition represented by UD, thus being the difference in value. Referee: L. Mueller Date: 8 December 2023 Page 3 of 3 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...

10. EN & QN v C Ltd [2024] NZDT 581 (23 August 2024) [pdf, 205 KB]

    ...working and had no assurance it would work and they accepted the risk the clock may not able to be made to work. For these reasons I must dismiss the claim. Referee: C Murphy Date: 23 August 2024 Page 3 of 3 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...