Search Results

1. [2019] NZEmpC 63 Auckland Council v Drought [pdf, 279 KB]

   ...year or part-year of service. There was no cap on his entitlement to redundancy compensation. That formula was preserved in subsequent applicable collective agreements between the PSA and the Auckland City Council. [6] Auckland Council was formed from 1 November 2010 by the amalgamation of eight local authorities that had previously existed in the Auckland Region, including the Auckland City Council. [7] Auckland Council and the PSA negotiated a new collective agreement. Tha...

2. [2020] NZEmpC 89 Shalini Ltd v A Labour Inspector [pdf, 185 KB]

   ...undisputed facts. The background to the matter was set out by the Authority in its determination as follows: [5] Shalini was subject to two investigations by the Labour Inspector in 2016. These investigations preceded the investigation in 2017 which forms the basis for the current application for penalties. … [6] The first investigation in 2016 was resolved when Shalini agreed to pay arrears to one employee. No penalty was sought by the Labour Inspector. The second inves...

3. [2021] NZIACDT 17 - TI v Malcolm (20 July 2021) [pdf, 199 KB]

   ...Financial penalty [30] Given the gravity of the complaint of misleading his client, together with the multiple breaches of the Code, I agree with the Registrar that a penalty of $2,000 is appropriate. Refund [31] I accept the complainant’s request to order a refund of the fee of $850. Compensation [32] The Tribunal can award reasonable compensation arising from an adviser’s wrongdoing. [33] The complainant seeks substantial compensation of $14,388. This is alleged t...

4. [2014] NZEmpC 64 Fox v Hereworth School Trust Board No 5 Interlocutory [pdf, 142 KB]

   ...respect of Mrs Fox. Counsel points out that Mr Thomas was not, at the relevant time, directly involved on the subcommittee that dealt with Mrs Fox although he was a Board member of the defendant throughout and was entitled to and did receive information and updates about what was going on. Counsel explains that despite the description of each of the documents contained in the defendant’s document list, the relevant content of each email is different because it contains, within t...

5. TX & UX v XC Ltd [2024] NZDT 440 (1 May 2024) [pdf, 232 KB]

   ...it enforceable? f. If there was no agreement about price, or if the agreement is unenforceable, what is a reasonable price for the work? Who are the parties to the contract? 7. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can only CI0301_CIV_DCDT_Order Page 2 of 6 be enforced against the parties to the contract, so it is important to dete...

6. Form 49 Children's Workers Exemption Appeals [pdf, 673 KB]

   Templates V12 – August 2017 page 1 08/17 form 49 Amendment to Grant Civil Legal Aid Fixed Fee/Fixed Fee Plus Children’s Workers Exemption Appeals Legal aid file no. Lead provider’s ref. Name of aided person Name of lead provider Name of law firm Applicable fee schedule(s) Amendment sought: To replace fixed fee (start at A below) For additional work required when fixed fee has already been claimed (start at A below)...

7. 2012 Ministry of Justice annual report [pdf, 2.3 MB]

   ...person’s overdue fines and reparation balances to be reported to prospective credit providers, providing an incentive for people to pay to avoid putting their access to credit at risk. As at 30 June 2012, there had been 101,811 credit report requests, identifying 6,245 people with outstanding fines and reparation totalling $5.160 million. The credit check initiative resulted in $1.281 million of fines and reparation being resolved. Several smaller initiatives from the legislati...

8. [2012] NZEmpC 157 Pottinger and Nine Dot Consulting Ltd and Carew v Kelly Services (NZ) Ltd [pdf, 77 KB]

   ...challenge. I am not satisfied that, in the circumstances, it would have substantially added to the costs incurred by the defendant in this Court or that it otherwise warrants an increase in costs. [22] No issue has been taken with the defendant’s request for costs on its application. I deal with that request separately. [23] Mr Harrison submits that the plaintiffs’ financial circumstances are relevant. Reference is made to a profit and loss summary for the second plaintiff...

9. Hettig v ANZ Bank - Kaiawhina Trust and Lot 1 Deposited Plan 158328 (2015) 104 Taitokerau MB 130 (104 TTK 130) [pdf, 176 KB]

   ...fraud against ANZ. He eventually accepted that there was no actual evidence to show that ANZ had acted fraudulently. Rather, he stated that this was speculation on his part, given ANZ’s failure to provide the home loan agreement that he had requested. Such conduct was reckless and irresponsible. [24] Mr Hettig accepted that Ms Ruwhiu took a loan from ANZ which was secured by way of mortgage over the property. In the face of such an admission it is difficult to see how Mr Hettig...

10. Auckland Standards Committee v Clarke [2013] NZLCDT 40 [pdf, 100 KB]

    ...vendor Mr S. 6 Mr S took possession of the campervan. The property transaction was not completed. The vendor neither paid for nor returned the campervan. Disputes Tribunal proceeding 7 On 3 November 2011 Mr T instructed Mr Clarke to lodge a claim in the Disputes Tribunal. He signed a Claim Form dated 25 October 2011 and paid Mr Clarke the $120.80 fee for lodging a claim. 8 Mr T phoned Mr Clarke several times enquiring about the matter’s progress. 9 On 2 February 2012 Mr T aga...