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1. Vertongen v The Real Estate Agents Authority (CAC 413) and Dunlop [2018] NZREADT 44 [pdf, 235 KB]

   ...the second half of March 2016, the appellant was in contact with Craig Dunlop in respect of a number of issues identified upon taking possession. In the course of email exchanges on 30 March 2016, Craig Dunlop advised the appellant that further requests from the purchaser needed to be directed to the vendor, James Dunlop, whose email address was provided. [12] On 6 May 2016, the purchaser contacted the agency raising a number of further health and safety concerns with the property,...

2. [2009] NZEmpC WC 17/09 Idea Services Ltd v Dickson [pdf, 84 KB]

   ...His work involves supporting and caring for people with disabilities living in community homes. For part of the time, Mr Dickson is involved in constant activity and is paid at a rate well above the minimum wage. Several nights a month, he performs “sleepovers” in the home. During these times, he is responsible for the health and safety of the residents and must be available to attend to any specific issues which arise in the home but may otherwise sleep or quietly do as he w...

3. Haydyn du Fresne v CAC 406, Watkins & Fitzsimons [2019] NZREADT 6 (11 Feb 2019) [pdf, 274 KB]

   ...under great stress. It may be that in appropriate circumstances, the Tribunal would accept that the personal circumstances of a client were such that he/she was unusually vulnerable to pressure and unable to resist unreasonable suggestions or requests, and that that could affect the issue of whether the advice given crossed the boundary from what was legitimate to what amounted to undue pressure. However, a general comment that the appellant was subject to stress, unless it is suppo...

4. LCRO 215/2018 WN v ZD (31 October 2019) [pdf, 162 KB]

   ...employed by the law firm [law firm]. [8] A defended hearing was scheduled to proceed on 14 March 2017. Mr WN had advised that he and his wife would not be attending the hearing. [9] Ms ZD became unwell on the evening of 13 March 2017. She made request of the Court to reschedule the hearing. The matter was allocated a hearing date for 22 June 2017. [10] Ms ZD left the employ of [law firm] on 2 June 2017. On her departure, Mr WN’s file was transferred to Mr FV. [11] The summ...

5. LCRO 107/2023 NC v PJ (30 November 2023) [pdf, 209 KB]

   ...not a lawyer, was representing himself. The respondent, a barrister sole, was representing the defendant. [3] The defendant had applied for the prosecution to be dismissed. Her application was set down for hearing on [redacted]. The applicant requested an adjournment. His 2 request was addressed at a teleconference on 13 April 2023 before his Honour, Judge [A], attended by the applicant and the respondent. [4] His Honour issued a minute of the outcome of the teleconference, whi...

6. [2013] NZEmpC 171 Fifita v Dunedin Casinos Ltd [pdf, 126 KB]

   ...$8,000 three weeks prior to the Authority’s investigation meeting. The plaintiff challenges that determination and the matter proceeded in the Court by way of a hearing de novo. By agreement, that hearing was conducted on the papers in the form of written submissions from counsel and an agreed bundle of documents. The Authority’s substantive determination [4] As the challenge now before the Court is solely to the Authority’s costs determination, it must be decided in light...

7. J v A LCRO 31/2009 (30 April 2009) [pdf, 35 KB]

   ...billed to company AAAA in the sum of $18 007.65. The second was billed to Partnership BBBB in the sum of $5 519.00. [2] The Manawatu Standards Committee referred the matter to Mr X who it appointed as a costs assessor on 17 October 2008. Mr X formed a preliminary view which he expressed in a letter of 9 January. It appears that the preliminary report was provided to Lawyer A (on 16 January) through his counsel, but not to Client J. Subsequently Mr X met with Client J and a farm ad...

8. [2016] NZEmpC 60 Eden Group Ltd v Jackson [pdf, 178 KB]

   ...respondents from committing breaches;  a permanent injunction to like effect;  awards of special and general damages; and  penalties for the breaches. [5] I am satisfied that there is a strong arguable case for the applicant that these claims are, at first instance, within the exclusive employment jurisdiction of the Authority and that the evidence adduced to this Court by Eden Group supports a strong, arguable case for those remedies. Potentially privileged eviden...

9. [2023] NZEmpC 106 Ling v Super Cuisine Group Ltd [pdf, 254 KB]

   ...then applied for a variation to his work visa on or about 27 September 2018. [24] He says he did not say anything to Mr Chi about how unhappy he was with how he had been spoken to. [25] On 20 December 2018, Mr Ling sent a message to Mr Chi requesting a pay increase of $100. [26] The wording of the WeChat message is recorded in the Authority’s decision:15 I have worked in the restaurant for over four months and am quite confident in handling my job and I can help others too....

10. Cotter - Okaihau No 3C No 2 (2014) 32 Takitimu MB 168 (32 TKT 168) [pdf, 121 KB]

    ...expected to attend a trustees’ hui to sit with persons who were seeking his removal. He went on to make statements about safety concerns. Application for adjournment [5] By email of even date received before 9am Mr Church, counsel for Mr Puriri, requested an adjournment of the fixture for 2.15pm on the basis of lack of notice. The case manager Mrs Matthews confirmed that Mr Puriri had been sent a notice of the hearing and had been provided with a copy of the application for remo...