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1. [2021] NZREADT 30 - Kan (17 June 2021) [pdf, 251 KB]

   ...balance of rent following outgoings was then paid to the owners’ solicitors, Stephenson Campbell. [4] In early April 2019 the owners contacted their solicitor to advise that they had not heard anything from Mr Kan for about 18 months despite requests for information and were concerned about the rental payments and whether the property was being properly looked after. [5] Stephenson Campbell’s trust account ledger for the owners of the property showed that rental payments wer...

2. Lee & Hwang v CAC 404 & Ors [2016] NZREADT 76 [pdf, 158 KB]

   ...August 20123 is shown on this document at $615,000. This was the purchase price paid by the complainants. 1 At page 81. 2 At page 91. 3 At page 92 of the bundle. 3 [5] From this information, the Tribunal concludes that Mr Park did provide a somewhat sketchy market analysis but nonetheless a market analysis of the property. The complainants signed a listing authority. Mr Park’s evidence was that he tried to contact po...

3. Appellate judgments 2021

   ...dismissed. [2021] NZSC 184 Gill Pizza v A Labour Inspector (Ministry of Business, Innovation and Employment   JURISDICTION OF AUTHORITY -  NATURE OF EMPLOYMENT - whether Authority has jurisdiction to decide employment status in Labour Inspector claim - text of the Act only supports one interpretation - Parliament intention was likely to have allowed Authority the jurisdiction - appeal dismissed. [2021] NZSC 157 Tourism Holdings Limited v A Labour Inspector of the Ministry of Business,...

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4. Waikato Bay of Plenty Standards Committee 1 v Dhillon [2023] NZLCDT 5 (21 March 2023) [pdf, 123 KB]

   ...to be the extent of the chambers’ involvement in relation to Ms Dhillon’s immigration work. [12] The three complainants all approached Ms Dhillon in May or June 2018 in relation to their immigration status and each was advised to make a request for a special visa under s 61 of the Immigration Act 2009 to attempt to regularise their respective unlawful status. [13] It is axiomatic that a request under s 61 is a time sensitive one; and that immigration status is for the cli...

5. Programme evaluation of Target Hardening pilot [pdf, 673 KB]

   ...Institute of Public Policy at Auckland University of Technology and the Ministry of Justice. It suggests a number of areas where improvements can be made to the programme’s operation and underlying criteria. The report is an important source of information for future policy development relating to initiatives to reduce repeated victimisation, particularly repeated burglary. Belinda Clark Secretary for Justice iv v Acknowledgements...

6. [2007] NZEmpC CC 16/07 Harris v Charter Trucks Ltd [pdf, 109 KB]

   ...Dispatch Carriers Limited and subsequently to merge the business of that company with Charter Trucks Limited. Mr Sutherland’s evidence was that Rapid Dispatch Carriers Limited was running at a loss and that he saw an opportunity to improve its performance by merging the businesses and rationalising the larger organisation. [7] During the first half of 2005, some rationalisation did occur. Overall staff numbers were reduced from 52 to less than 40 but this occurred largely thro...

7. Harland v ACC [2014] NZACA 13 [pdf, 166 KB]

   ...some respects. Mr McBride also raised several objections to the content of the instructions, and Ms Andrews was asked to prepare a second assessment with additional questions by the Authority and Mr McBride. That assessment, dated 29 September 2013 formed the primary basis of the evidence given and considered at the hearing. [25] Dealing with the first assessment, it became clear during Ms Andrew’s questioning by the Authority, that Ms Andrews had misunderstood the nature of her in...

8. Environment Court of New Zealand Annual Review 2017 [pdf, 1.4 MB]

   ...but the Environment Court’s robust case management system now moves these along to prompt resolution by hearing, and sometimes settlement prior to a hearing being needed. It should be recorded that there are occasionally cases where delays are requested by parties for good cause. Cases are moved to the Hold Track when this occurs. Examples are given in the earlier section of this Review that describes the case management tracks. In its 2013 Final Report the Productivity Commission...

9. [2022] NZIACDT 1 - ZI v Wan (19 January 2022) [pdf, 208 KB]

   ...already in New Zealand on a visitor visa granted on the basis of guardianship of her younger son (her son), who was here on a student visa. This required her to remain in New Zealand while her son was here. An exemption to that condition was requested by Mr Wan to permit her to travel to China without him. It was declined by Immigration New Zealand (Immigration NZ), but Mr Wan did not tell her. She duly travelled to China, in breach of her visa. [2] A complaint was made to the I...

10. Recording Industry Association of New Zealand v TCLE-A-T6054929 [2013] NZCOP 4 [pdf, 44 KB]

    ...Tribunal, in relation to an infringement notice, it is presumed— (a) that each incidence of file sharing identified in the notice constituted an infringement of the rights owner's copyright in the work identified; and (b) that the information recorded in the infringement notice is correct; and (c) that the infringement notice was issued in accordance with this Act. (2) An account holder may submit evidence that, or give reasons why, any 1 or more of the presumptions...