Search Results

1. Canterbury Westland Standards Committee v Simes [2012] NZLCDT 28 [pdf, 216 KB]

   ...the prosecution was brought in bad faith or for some other improper purpose. It also noted that Ms Simes had advised the Committee that she had little left of her practice, so it did not consider her suggestion that the Committee’s failure to request certain files and detail was a material matter. This was in response to Ms Simes’ allegation of inadequate investigation and consideration of her affirmative defence by the Standards Committee. The Committee also noted that Ms Sime...

2. [2015] NZEmpC 99 NZ Meat Workers Union Inc v South Pacific Meats Ltd [pdf, 249 KB]

   ...question about the procedure that the Authority has followed, is following, or is intending to follow; and (b) without limiting paragraph (a), to a question about whether the Authority may follow or adopt a particular procedure. [8] Again at the request of the Court, the Authority has subsequently stated fully the material facts of the problem or matter to which the question of law relates. 3 That was done by Minute of the Authority issued on 21 May 2015. [9] Observing that the...

3. LD v TP [2024] NZDT 368 (4 June 2024) [pdf, 236 KB]

   ...complete consultation fee including emails and phone calls with respect to the school visit on 12 February 2024. CI0301_CIV_DCDT_Order Page 2 of 4 De-cluttering 11. During the visit to the respondent’s home on 8 February 2024, the applicant formed the view that the respondent needed organisation assistance with “de-cluttering” and mentioned she had a friend B who could assist with this. 12. The respondent was interested and said she was happy to work with B and pay he...

4. Copyright Licensing Limited v Universities of NZ [2014] NZCOP 1 [pdf, 79 KB]

   ...fact, CLL’s application for preservation of documents was settled in September 2013 on the basis that the documents sought would be preserved. Second, I was informed by Mr Brown at the hearing that CLL had made Offical Information Act (“OIA”) requests against information held by all 8 Universities. At the time of the hearing, 4 had complied with those requests, and the others were expected to do so. I take from that that the scope of discovery has been somewhat restricted, but perha...

5. NM v YN Ltd [2024] NZDT 676 (24 July 2024) [pdf, 231 KB]

   ...the newly installed 75 kw Fast Chargers. We have not seen this issue on the older 50 kw Tritium chargers. [6] A further comment, from CA of [the electric car company], was that [the car’s manufacturers] had asked [the electric car company] to inform its customers not to use fast chargers for their [type of hybrid car] because such use could cause vehicles to throw up fault codes and, in some cases, “Limp Mode” had resulted whereby power in vehicles was reduced. [7] NM provided...

6. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...2010 Mr Deliu complained to the Lawyers Complaints Service (“LCS”) about correspondence Mr Hong had sent to two barristers in Mr Deliu’s chambers, and to an instructing solicitor. The correspondence arose out of civil proceedings brought by former clients of Mr Hong, and now represented by the two barristers, in which Mr Hong was named as a respondent. Mr Hong considered the claim entirely misconceived and in his correspondence was attempting to have them withdraw it. Given...

7. 2017 NZSSAA 026 (12 June 2017) [pdf, 155 KB]

   ...which he did not declare as income when providing the information required by the Ministry to establish his eligibility for benefits. Conclusions [62] Mr XXXX failed to provide evidence to directly determine his income for the 2012 period as requested by the Ministry, either at the time it was requested or at the hearing. The financial records for the 2011 and 2013 years are the best indication of the results for 2012. Mr XXXX neither provided evidence of the actual income, n...

8. [2020] NZEmpC 194 Samuels v Employment Relations Authority [pdf, 268 KB]

   ...were not put to him for comment and which have caused damage to his reputation. [9] The claim as originally drafted has been substantially whittled down, and three questions are now in focus: (a) Did the Authority have jurisdiction to request the contract between Mr Samuels and his client and to take it into account when determining an appropriate award of costs to Ms Lang? (b) Did Mr Samuels have the right to natural justice on the question of costs payable to Ms Lang?...

9. [2022] NZACC 13 – Gilligan v ACC (26 January 2022) [pdf, 341 KB]

   ...like her symptoms are coming from her shoulder and are more likely to be coming (sic) adhesive capsulitis than from her neck. [14] At this point no further arrangements were made for a return consultation. [15] The appellant’s osteopath requested approval from ACC for more treatment sessions. In a report of 16 February 2017, ACC’s physiotherapist clinical advisor, Mr Thompson, found that a clear causal link between the current need for treatment and the injury sustained on...

10. [2011] NZEmpC 27 C v Air Nelson [pdf, 229 KB]

    ...front of him. The second statement elaborates on the matters contained in the first statement. So far as C is concerned, he and FO, as part of the police inquiry arising out of the circumstances, also made statements to the police. I was informed by counsel that these statements were not inconsistent with the statements they made to ANL. [13] In respect of the statements to the police, FA later took a curious stand during the employment inquiry by Mr Hambleton into the conduct...