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1. [2021] NZEmpC 188 Kowhai Intermediate School Board of Trustees v West [pdf, 161 KB]

   ...determination and sought a hearing de novo in relation to it. The remedies pleaded included findings that the evidence was not admissible and that the advice was privileged. [6] The challenge was accompanied by an application for urgency. The request for urgency was made on the basis that the investigation meeting is scheduled to resume on 3 and 4 November 2021. [7] A telephone directions conference was convened at 2.15 pm on 2 November 2021 and, to accommodate an opportunity...

2. What happens next

   ...the tribunal. The purpose of the hearing is for the tribunal to hear arguments from both sides so it can make a decision. You’re responsible for making sure you have prepared your case and your witnesses are ready for the hearing. Hearings are formal, held in a courtroom, and are open to the public. A case can also be heard on the papers which means you will not need to appear in a courtroom but requires all parties to agree to this process. Decisions The tribunal can make a decision und...

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3. [2022] NZACC 92 - Carey v ACC (18 May 2022) [pdf, 298 KB]

   ...This employment ended on 23 September 1993, following a knee injury. [6] On 5 July 2002, Mr Carey was declared vocationally independent, without weekly compensation, and this continued until to 23 November 2013. [7] On 23 August 2002, Mr Carey claimed medical misadventure arising from the ear surgery of 9 May 1978. On 6 May 2003, the claim was declined, on the basis that there was no evidence of medical error and the claimed injury did not meet the legal test of medical mishap....

4. Kong v Li [2015] NZIACDT 33 (23 March 2015) [pdf, 119 KB]

   ...complainant, but not to provide any immigration advice. [5.4] The complainant engaged Mr Li’s practice to assist him, but did not sign a written agreement. [5.5] On 18 May 2012, Mr Li submitted a visitor visa application for the complainant. On the form, he stated he had assisted the complainant to: “Put all documents in order”. On 8 June 2012, Immigration New Zealand queried the complainant’s poor attendance while holding a student visa. The complainant answered the query, an...

5. Waitangi Tribunal theme I - Māori and rating law [pdf, 549 KB]

   ...question of whether land held by Maori under their customs should have been subject to rates. As will be seen, while Maori land remained unpurchased or outside the land court system, it was largely exempt from rates. Rating in its nineteenth century form did not have a Maori equivalent, although there were strong traditions of community involvement in the form of projects, for example, construction of whare whakairo, distributions of resources and ‘gift’ exchanges, and reciprocal feasting....

6. [2015] NZEmpC 17 ALLWAZE Designs Ltd v Cawthorne [pdf, 112 KB]

   ...timetabling order in relation to that application and it was agreed that the matter could be dealt with on the papers. The security for costs application is the subject matter of this interlocutory judgment. The application was accompanied with a request for a stay of proceedings until security is provided. 1 ALLWAZE Designs Ltd v Cawthorne [2014] NZEmpC 176. Background [2] The substantive proceeding before the Court is...

7. [2023] NZEmpC 117 Downer New Zealand Ltd v King [pdf, 240 KB]

   ...Judgment: 3 August 2023 REASONS JUDGMENT OF JUDGE K G SMITH [1] Yesterday I granted an application by Downer New Zealand Ltd without notice for freezing orders and ancillary orders affecting the assets of the company’s former employee, Joseph King. This decision contains the reasons for the applications being granted. [2] In summary, Downer intends to issue proceedings against Mr King in the Employment Relations Authority alleging significant departures f

8. LE v VV & VU LCRO 199 / 2011 & 29 / 2012 (6 June 2012) [pdf, 65 KB]

   ...outstanding bill of $271.69 was paid, and that until the bill was paid, ADX claimed a lien over these files. [4] LE advised ADX that the outstanding account was not payable by him as he had been declared bankrupt in December 2008. He also made a request pursuant to the Privacy Act for the files and deeds. ADX responded to that request by advising that copies of the requested files and deeds would be provided on payment of photocopying charges. [5] Before that response was sent,...

9. National Standards Committee 1 v Haines [2022] NZLCDT 10 (8 April 2022) [pdf, 551 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2022] NZLCDT 10 LCDT 023/20, 013/21, 014/21, 019/21 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN NATIONAL STANDARDS COMMITTEE (No 1) Applicant AND QUENTIN STOBART HAINES Former Practitioner CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Mr I Hunt Mr F Pereira MNZM Ms M Scholtens QC Dr D Tulloch HEARING 023/20 on 20 April 2021; resumed on 12 May 2021 HELD AT Wellin

10. Amaru v Dickson - Puketapu 3C7B1 (2019) 399 Aotea MB 202 (399 AOT 202) [pdf, 263 KB]

    ...Mrs Dickinson, however, identified that the trustee consents incorrectly recorded the name of the trust as the Ripeka Te Taite Whānau Trust. 399 Aotea MB 203 [4] Those orders were conditional on the nominees filing the correct consent forms within one month. They were also directed to hold a trustee meeting before the end of year to elect office holders and attend to any other trust business deemed necessary. The minutes of that meeting were to be filed with the Court...