Search Results

1. Paraone-Kawiti v Maori Trustee - Pukahakaha East 5B [2013] Chief Judge's MB 354 (2013 CJ 354) [pdf, 203 KB]

   ...the Act [10] Counsel's first application is for costs amounting to $1,135.84 incurred by the applicant attending the hearing on 19 March 2010. This application was made upon the ground that the respondents provided insufficient notice of the request for an adjournment, which led to the applicant being adversely affected. [11] To accept counsel's argument, I would have to be satisfied that the respondents deliberately sought a late adjournment in order to disadvantage his...

2. Morgan v Accident Compensation Corporation [2018] NZACA 2 [pdf, 151 KB]

   ...decision was made by the Corporation on 1 December 1994, backdated to 21 September 1989. The Corporation took account of the commissions she earned within 12 months of the accident, from 23 September to 11 November 1988. [13] Ms Morgan subsequently requested on a number of occasions a re- calculation, based on the prospective income she would have earned had she been able to commence work at Morgans. In response, the Corporation wrote to her on 27 September 2013 and again on 26 No...

3. [2025] NZREADT 21 – BS & QS v Upton (16 June 2025) [pdf, 270 KB]

   ...(i) the unsatisfactory conduct is more than a minor or technical contravention of this Act or of any regulations or rules made under this Act; and (ii) the order is one that a court of competent jurisdiction could make in relation to a similar claim in accordance with principles of law. (5) If a Complaints Assessment Committee refers a matter to the Tribunal under section 93(1)(ha), the Tribunal may, if satisfied that the requirements of subsection (4)(b) (except paragraph (b)(i)) ar...

4. [2019] NZEmpC 54 Hong v Auckland Transport [pdf, 437 KB]

   ...place on 9 February 2017 The proposed meeting took place on 9 February 2017. Mr Hong attended on his own. Mr Strawbridge, Mr Bidgood and Ms Clifton, AT’s Employment Relations Manager, attended for AT. At the meeting, Mr Hong requested clarification of some aspects of the letter he had received. In particular, he wanted to know what the lawful and reasonable instruction was that it was alleged he had refused to follow. In response, Mr Bidgood said it was not to r...

5. [2021] NZREADT 36 - Lindsay-Penalty (13 July 2021) [pdf, 279 KB]

   ...or a branch manager. (2) In this section properly supervised and managed means that the agency work is carried out under such direction and control of either a branch manager or an agent as is sufficient to ensure– (a) that the work is performed competently; and (b) that the work complies with the requirements of this Act. [8] The SFO investigation disclosed that Ms Johnston had filed incomplete and inadequate documentation through the Agency, including: [a] Only eight of th...

6. [2007] NZEmpC WC 22/07 Tawhiwhirangi v CE of the Department of Corrections [pdf, 97 KB]

   ...employer’s own Human Resources Manual. Therefore, if the employer has not followed his own process, that can be the subject of a compliance order. [3] As developed in argument by his counsel, the defendant’s jurisdictional submission was that the form of relief sought amounts in effect to a quia timet injunction that cannot be made against the Crown. The form of relief is, however, a statutory compliance order that the Employment Relations Act affirms can be made against a r...

7. [2017] NZEmpC 157 Johnston v The Fletcher Construction Co Ltd [pdf, 375 KB]

   ...Authority) to the Court for hearing; (b) a parallel application for leave to extend the time to challenge under s 179 of the Employment Relations Act 2000 (the Act) against a determination of the Authority declining to remove Mr Johnston’s claim to the Court;1 and (c) an application advanced by The Fletcher Construction Co Ltd (Fletcher Construction/the respondent) to strike out the application for special leave on the basis that the Court has no jurisdiction to deal with it...

8. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 7 (17 February 2022) [pdf, 241 KB]

   ...Mr Reith. Ms L signed this document on the understanding that it was the only way in which she could secure the ongoing services of her lawyer in proceedings that were well underway. [21] It is acknowledged that at no time was Ms L invited or requested to obtain independent legal advice on this document. The Deed provided authority for the firm (MMP5) to not only lodge a caveat against her property but also execute a second mortgage against her property. Ms L did not understand...

9. IACDT - Answer to a Statement of Reply form [pdf, 72 KB]

   The Immigration Advisers Complaints and Disciplinary Tribunal For more information visit www.justice.govt.nz/tribunals IACDT Number __________________________ Which party are you? (Please tick one) □ Complainant □ Immigration Adviser Answer to a Statement of Reply A When to use this form Use this form if you want to respond to a Statement of Reply that has been served on you by the other party to the complaint. You are not required to file an Answer to a State...

10. OIA-105425.pdf [pdf, 249 KB]

    ...referred to me for response, as it falls within my responsibilities as Acting General Manager, Civil & Constitutional Policy and is being managed in accordance with the provisions of the Official Information Act 1982 (the Act). Your specific requests and the response to each one is set out below. 1. Over the time period between 1st of October 2019 and 1st of June 2023, has New Zealand, the New Zealand Government, and/or the Ministry of Justice availed itself of the right of derog...