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1. [2025] NZEmpC 19 Postal Workers Union of Aotearoa Inc v NZ Post Ltd [pdf, 218 KB]

   ...circumstances of the case. (d) The weight to be given to the intention of the parties is unclear. The Court of Appeal in Rasier did not address the relevance of an individual’s vulnerability or capability and the extent to which they made an informed and free choice to enter into a contract of service. This ground pleaded that the subject was not dealt with in Bryson. (e) There is significant public interest in the Rasier decision and the issue of employment status generally...

2. Ratima v Smith - Te Haroto 2B2B (2018) 70 Takitimu MB 88 (70 TKT 88) [pdf, 500 KB]

   ...Trustees have a fundamental duty not to make a profit for themselves out of the trust property or out of their office of trust.14 In addition, trustees have a basic duty to keep proper accounts and to report to their beneficiaries when reasonably requested to do so. Discussion Did the former trustees breach their duties? [31] Mr Francois, an accountant engaged by the Court, undertook an investigation into the financial position of the trust. His report was compiled from bank state...

3. Tait v Kruger - Tauarau Block (2021) 252 Waiariki MB 180 (252 WAR 180) [pdf, 303 KB]

   ...June 2019 and 17 July 2019, and twice in the Beacon newspaper on 28 June 2019 and 10 July 2019. The advertisement was headed up as follows: Tauarau Marae Ngatirongo Hapū AGM [10] The advertisement also noted that: (a) Trustee application forms had to be supported by two whānau members and be accompanied by a CV and connection to a first schedule owner of the Tauarau land block; (b) Applicants had to be prepared to attend all trustee/marae committee meetings and actively...

4. Butler v NF Fraser Co Limited - Mangawhaiti 3B1 and Takahiwai 3 A2 [2013] Chief Judge's MB 59 (2013 CJ 59) [pdf, 1.9 MB]

   ...roadway''). An earlier, similar order had been made in 1948 (24 WH 156) to provide access to rvlangawhati 3B (''the 1948 roadway''). [2] The application arises out of a dispute between neighbours. Sadly, it has resulted in some form of proceedings in the District Court, possibly criminal. 1vIrs Butler claims that the 1992 roadway order should not have been made and alleges that her neighbour, N F Fraser and Company Limited ("Fraser Company"), being...

5. 2021-10-27 ORC - PC8 - Common Bundle - Volume 2 [pdf, 13 MB]

   ...a separate volume) to be used in conjunction with the provisions of the Plan. 1.4 Process of Plan preparation A number of legal instruments, which were operative in Otago on 1 October 1991 (when the Resource Management Act came into force), formed rules in the Transitional Regional Plan, constituted by Section 368 of the Resource Management Act. Some of these rules related to water and water bodies, and comprised notices, authorisations, bylaws, determinations and resolutions. T...

6. Wedgwood v Accident Compensation Corporation (Social rehabilitation) [2024] NZACC 205 [pdf, 356 KB]

   ....................................................................................................... [116] Introduction [1] Mr Wedgwood’s appeal challenges the correctness of the: (a) Corporation’s decision dated 10 October 2017 (“the Corporation’s Decision), declining Mr Wedgwood’s request to fund air conditioning equipment and voice-activated computer software. (b) Subsequent decision dated 2 September 2029 (“the Review Decision”) declining Mr Wedgwood’s applic...

7. [2014] NZEmpC 65 Tan v Yang and Zhang [pdf, 98 KB]

   ...work, filling in and printing relevant documents. In evidence-in-chief he asserted that he had filed Li Zhang’s application with the relevant immigration authorities but that is not so. Li Zhang did that herself, together with a sponsorship form filled in by her brother, Bin Zhang. [27] Mr Tan suggested that a request for payment of $14,000 for services of the kind he says he provided was reasonable having regard to charges being made at the relevant time by others, of around $2...

8. Chand v Shearer [2016] NZIACDT 57 (21 September 2016) [pdf, 279 KB]

   ...Tribunal upheld this complaint in a decision dated 18 March 2016: Chand v Shearer [2016] NZIACDT 12 (www.justice.govt.nz). The Tribunal found Ms Shearer breached her professional obligations. [2] The complaint was that Ms Shearer did not file a request for a visa for some three months after getting instructions to do so. She misled her client, and her client’s employer, saying she had filed the request when that was not true. The complaint was that Ms Shearer was negligent in the...

9. Tuitupou v Tangilanu [2014] NZIACDT 97 (01 October 2014) [pdf, 202 KB]

   ...Issued: 1 October 2014 2 DECISION This complaint [1] This decision imposes sanctions, following a decision upholding a complaint against Ms Tangilanu in [2014] NZIACDT 51. [2] The complainants engaged Ms Tangilanu to assist with a request for a visa. The complainant who required the visa was in New Zealand without a current visa, so the request had to address his unlawful status in New Zealand and request a visa be granted under a discretionary provision. [3] The gro...

10. National Standards Committee 1 v Deliu [2016] NZLCDT 27 [pdf, 480 KB]

    ...not able to secure the cooperation of Mr Orlov, his previous employer. [53] Counsel for the Standards Committee submits the practitioner is not prejudiced in his defence. He submits: (a) The charges did not require him to access privileged information and adduce evidence of his instructions from former clients – the charges are about his conduct as an advocate appearing in court, preparing and presenting legal proceedings and arguments. To the degree that client 16 in...