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1. [2013] NZEmpC 221 Bali v SRG Holdings Ltd [pdf, 79 KB]

   ...terminated by SRG on the grounds that it was not permitted as a matter of law to employ him without a current work permit. [4] At the time of the termination of his employment Mr Bali appears to have had an application pending for residence. [5] Correspondence took place at the time Mr Bali’s visa expired. There is a dispute as to whether SRG could validly terminate his employment at that time. He commenced a personal grievance on the grounds that he was not given the require...

2. Kozlov v The Real Estate Agents Authority (CAC 416) and Hall & Lindsay [2018] NZREADT 38 [pdf, 241 KB]

   ...____________________________________________________________________ DECISION OF THE TRIBUNAL ____________________________________________________________________ Introduction [1] Mr Kozlov has appealed against the decision of Complaints Assessment Committee 416 (“the Committee”) dated 25 January 2018, in which the Committee decided to take no further action in respect of his complaint against Ms Hall and Mr Lindsay. [2] By consent, the appeal has been determined on...

3. E v T [2021] NZDT 1310 (28 January 2021) [pdf, 226 KB]

   ...new pipe work and valve blocks to be added inside the walls. (iv) Substantial loss of use of the system due to these and other problems, which affected 11 rooms in the house, over three years. (c) This resulted in a breach of the warranty in clause 7.2(1) of the Agreement for Sale and Purchase dated 6 October 2016 (the “Agreement”). That clause states (among other things) that the vendor warrants that at the date of settlement, systems which prove services to the property,...

4. 2021-02-22 Minute - PC8 - Willowridge Developments Ltd - s 281 application [pdf, 223 KB]

   ...s 149U. Section 149U requires the Court to have regard to or consider certain specified matters. In the context of the present proceeding, the Court is directed by s 149U(6)(a) to apply cls 10(1)-(3) of sch 1 as if it were a local authority. Clauses 10(1)–(3) provide: 10 Decisions on provisions and matters raised in submissions (1) A local authority must give a decision on the provisions and matters raised in submissions, whether or not a hearing is held on the proposed pol...

5. Blieden v Registrar of Immigration Advisers [2016] NZIACDT 66 (4 October 2016) [pdf, 192 KB]

   ...complaint and for that reason rejected it under section 45(1)(b) of the Immigration Advisers Licensing Act 2007. [8] Ms Blieden now appeals on the grounds: [8.1] The complaint discloses negligence; [8.2] Incompetence; and [8.3] A breach of clause 3(d) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code) relating to the refund of fees. 3 [9] The complaint relates to a licensed immigration adviser. [10] The narrative supporting the appeal identifi...

6. Aramatua Trust v Proctor - Nuhaka 2C2X (2020) 99 Tairawhiti MB 106 (99 TRW 106) [pdf, 219 KB]

   ...whakapuaki i te 11.00 am i Tūranga-nui-a-Kiwa, i te 24th o ngā rā o Hakihea i te tau 2020 C L Fox DEPUTY CHIEF JUDGE 2 113 Wairoa Minute Book 234-235 (113 W MB 234-235) Trust Order – Clause 3(a). 3 113 Wairoa Minute Book 234-235 (113 W MB 234-235) Trust Order – Clauses 3(n)(o)(p)

7. [2023] NZEmpC 235 Pact Group v Sheridan [pdf, 211 KB]

   PACT GROUP v ROSEANNE SHERIDAN [2023] NZEmpC 235 [20 December 2023] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2023] NZEmpC 235 EMPC 204/2023 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN PACT GROUP Plaintiff AND ROSEANNE SHERIDAN Defendant Hearing: 1 December 2023 (Heard at Christchurch via Audio Visual Link) Appeara

8. Appellate judgments 2016

   ...dismissed the appeal for lack of jurisdiction Court of Appeal [2016] NZCA 525 NZ Basing Ltd v Brown DISCRIMINATION – CONFLICT OF LAWS – whether New Zealand law applied to contract between parties – contract specified Hong Kong law should apply – clause specifying Hong Kong law is decisive – Employment Relations Act 2000 does not overrule choice of law clause – anti-age discrimination provision does not trump transnational contracting – Employment Court was incorrect to find that a...

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9. [2024] NZEnvC 274 Department of Corrections v New Plymouth District Council [pdf, 734 KB]

   ...AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 274 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN ARA POUTAMA AOTEAROA – DEPARTMENT OF CORRECTIONS (ENV-2023-AKL-000085) Appellant AND NEW PLYMOUTH DISTRICT COUNCIL Respondent AND KĀINGA ORA - HOMES AND COMMUNITIES Section 274 party Court: Environment Judge M J L Dickey sitting alone under s 279 of the Act Last case event: 12 June 2024...

10. [2021] NZACC v Jones (5 August 2021) [pdf, 192 KB]

    ...APPLICATION TO RECALL DECISION BETWEEN CRAIG RICHARD JONES Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the Papers Appearances: Applicant in person D Tuiqereqere for the respondent Judgment: 5 August 2021 ___________________________________________________________________________ JUDGMENT OF JUDGE AA SINCLAIR [On Application for Recall of Decision by Accident Compensation Appeal Authority] _____________________________...