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1. Nile Mosley v The Real Estate Agents Authority (CAC 409) & Cooper & Co Real Estate Limited t/a Harcourts Cooper & Co [2017] NZREADT 62 [pdf, 304 KB]

   ...disgraceful conduct. [24] With respect to Mr Mosley’s allegation of theft, the Committee found no evidence of any dishonest appropriation of funds belonging to Mr Mosley. He had been told that the Agency was going to re-house the tenants at his cost, and funds held to his credit (that is, one week’s rent) were paid to the tenants.13 [25] The Committee found no breach of the property management agreement that was so gross and perverse that it could amount to disgraceful conduc...

2. [2018] NZEmpC 20 Smith v Director General of the Ministry for Primary Industries [pdf, 282 KB]

   ...Act. Objectively assessed, MPI’s actions, and how it acted, were what a fair and reasonable employer could have done in all the circumstances at the time when the dismissal occurred. Outcome [95] Mr Smith’s challenge is dismissed. [96] Costs are reserved. In the absence of agreement MPI may file submissions within 20 working days of this judgment. Mr Smith has a further 20 working days to respond. K G Smith Judge Judgment signed at 5.55 pm on 16...

3. George v ACC [2012] NZACA 13 [pdf, 78 KB]

   ...contained in the review transcript and is not to take an unreasonably restrictive or niggardly approach in its deliberations. [88] Leave is reserved to seek formal directions should this be considered necessary. [89] If the parties cannot agree to costs, Mr Sara is to file a memorandum within 28 days of the date of this decision and the Corporation will have a further 28 days to reply. DATED at WELLINGTON this 26th day of September 2012 Robyn Bedford Accident Co...

4. Waters v Alpine Energy Ltd (Discovery) [2014] NZHRRT 8 [pdf, 97 KB]

   ...by the Chairperson in the Minute issued on 12 August 2013 at paras [15] to [18], the basic structure of discovery before the Tribunal is (subject to all necessary modifications) that found in the High Court Rules, Part 8 (rr 8.1 to 8.33). To reduce cost and inconvenience, discovery is usually directed to be carried out on an informal basis in the first instance. More formal directions are required from time to time depending on the facts of the particular case. Relationship between t...

5. [2017] NZEmpC 30 Lumsden v Skycity Management Ltd [pdf, 222 KB]

   ...cent is to be paid to the Crown. This portion reflects the affront to the public interest in breaching an agreement which has been certified by a mediator under the Act. [70] The parties are encouraged to settle residual issues relating to costs (to the extent they arise) and disbursements. If that does not prove possible, Mr Lumsden may file and serve any application together with supporting material within 30 days 13 At...

6. Complaints Assessment Committee (CAC 408) v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 24 [pdf, 311 KB]

   ...possession of the property and this was important to them. He discussed this with Mr Lupi who told him that in similar circumstances the vendors had persuaded a fixed term tenant to vacate the property early by providing compensation or covering moving costs and he considered this to be Ms C’s best option. Therefore together they amended the agreement including the disputed terms. It was Mr Schembri’s view that the agreement was quite clear and that there was a tenancy, but desp...

7. Yates v Nathan - Neville David Nathan Whanau Trust [2016] Chief Judge's MB 223 (2016 CJ 223) [pdf, 244 KB]

   ...failed to disclose Ms Yates potential claim to the Court, Mr Nathan claimed she did not have any such claim. He also stated that it was his solicitor who made the offer of $30,000. The advice from that solicitor, he claimed, was to settle as the cost of going to the Family Court would be expensive. He claims he did not know about the offer or agree to it at the time he went to Court to have the whānau trust established. He also did not consider he was in a relationship with Ms Yat...

8. BORA Electoral Finance Bill [pdf, 444 KB]

   ...advertisements may be published during the pre-election "regulated period" only if accompanied by the name and address of the person responsible and further if that person is the financial agent of a party or candidate, a third party or if the cost of advertisements by that person is not more than $500.00 in a constituency campaign or $5,000.00 in total (clause 53). 5.2 Election advertisements that promote a party or candidate may only be published by the financial agent of tha...

9. Evidence Brief: Behaviour Management in Schools [pdf, 437 KB]

   ...victimisation. • Schools can also host or be a referral point to several other evidence-based services for children and young people, particularly for those who have started offending. EVIDENCE BRIEF SUMMARY Evidence rating: Promising Unit cost: Unknown Effect size (number needed to treat): Intervention covering 10-20 individuals to prevent one instance of general offending, on average Current spend: Unknown, because partly at discretion of local schools...

10. [2021] NZACC 35 - Kinney v ACC (15 February 2021) [pdf, 202 KB]

    ...person for which the person has cover. ACR 374-17-Kinney [95] Accordingly, the appeal is allowed and the respondent’s decision of 22 February 2017 declining to cover lumbosacral discitis is reversed. [96] Should there be any issue as to costs, counsel have leave to file memoranda in respect thereof. Judge C J McGuire District Court Judge Solicitors: Peter Sara, Barrister and Solicitor, Dunedin for the appellant Young Hunter, Christchurch, for t...