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1. What happens next

   ...your own case or have a lawyer, or advocate, present it for you. Adjournment You may apply for an adjournment if you can’t attend the hearing on the scheduled date for reasons such as illness, bereavement and other exceptional circumstances. If you request an adjournment, you must also send a copy of that request to the other party or parties. It is recommended that you provide documents supporting your application for adjournment. The Chairperson may consider granting you an adjournment.  Y...

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   2. Trans-Tasman occupations

2. [2010] NZEmpC 140 Weston v Advkit Para Legal Services Ltd [pdf, 49 KB]

   ...into the corner of the hall where she fell over a telephone stand and chair and hit her head against the wall. This was accompanied by further abuse. Mrs Dixon-McIver, who saw that attack, ordered Kirk out of the house but let him back in on his request. Kirk then assaulted Mrs Weston for a third time. He was then ordered to leave the house a second time by Mrs Dixon-McIver who tried to help Mrs Weston to her feet. When Kirk was allowed back into the house again he at...

3. Mullane v Attorney-General (Request for Documents) [2020] NZHRRT 14 [pdf, 621 KB]

   ...DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson REPRESENTATION: Mr BG Mullane in person Ms D Harris for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 25 May 2020 DECISION OF CHAIRPERSON ON REQUEST BY PLAINTIFF FOR DOCUMENTS ON THE TRIBUNAL FILE1 Background [1] On 25, 26 and 27 September 2017 the Tribunal heard a claim by Mr Mullane against the Attorney-General under the Privacy Act 1993, IPP 8. At the relevant time...

4. [2018] NZSSAA 30 (15 June 2018) [pdf, 134 KB]

   ...65. On 24 August 2012, the Ministry wrote to the appellant advising him that he was required to test his entitlement to a benefit or pension from the United Kingdom. The appellant subsequently confirmed that he had sent completed application forms direct to the United Kingdom Pension Service (UKPS). The Ministry asked the appellant to notify it of the decision. [3] It appears that the Ministry did not follow up on the appellant’s application for a United Kingdom pension u...

5. CU v KI Ltd [2022] NZDT 19 (23 February 2022) [pdf, 201 KB]

   ...element of goodwill compensation provided. 17. In the absence of any proven breach by KI Ltd of its legal obligations, the claim must be dismissed. Referee: E Paton-Simpson Date: 23 February 2022 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 rehe...

6. U Ltd v NG [2024] NZDT 492 (1 July 2024) [pdf, 198 KB]

   ...contract must exist. These elements are offer, acceptance, consideration (an exchange of values – usually this is the price to be paid), and an intention to create a legal relationship. There must be sufficient certainty of terms. A contract can be formed without it being formalised in writing. All that is required is that the elements of a simple contract exist. 7. I find that the parties had entered into a contract. This is for the following reasons: a. I find that the email from...

7. AS v Secretary of Justice 3 September 2013 NZRA 00005 [pdf, 72 KB]

   ...Selection Committee’s first-hand knowledge of the Applicant, as to the suitability of the Applicant, whereby it expressed the opinion that the Applicant has a tendency to repeat evidence without providing legal analysis. 2.2.5. The accuracy of information provided by the Applicant leading to the concern that the Applicant was not credible or reliable when that information was considered alongside the verification of a lawyer employed in the Applicant’s firm. This may reflect on th...

8. TG v NP LCRO 190 / 2011 (1 February 2013) [pdf, 139 KB]

   ...[and] there was no such requirement under the previous Act. 2. Even under the present Act, there [was] no obligation for [NP], as barrister receiving instructions from a solicitor, to provide a letter of engagement, unless this [was] specifically requested. There was therefore no breach of the former or the current legislation. [17] As a result of its conclusions, the Standards Committee determined pursuant to section 152(2)(c) of the Lawyers and Conveyancers Act to take no further a...

9. LCRO 16/2020 PF v VJ (22 September 2020) [pdf, 243 KB]

   ...therefore “incumbent on” Mr VJ to advise any “change of position”. [72] In Ms FB’s view, because Mr PF’s absence from the conference was a “minor matter”, the notice of breach was unnecessary. Instead, Ms FB said DEF could have requested payment of its expenses incurred for Mr PF to attend the conference. [73] Ms FB said any notice of termination would be contested, the dispute resolution provisions in clause 81.1 of the franchise agreement invoked, and costs soug...

10. Engelbrecht TRI-2020-100-007 Procedural Order 5 [pdf, 200 KB]

    ...to considering the pleadings only and may assess evidence in determining whether to remove a party.5 Ellis J has observed that if the Tribunal is to hear and determine claims in an “expeditious and cost-effective way, [it] must be able to perform an active gate-keeping role in terms of both the joinder and removal of parties.”6 This can include the early receipt and assessment of evidence. [7] In circumstances where the evidence is contentious or challenged, or a party’s v...