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1. National Standards Committee v Shand [2019] NZLCDT 10 [pdf, 306 KB]

   ...should order the Committee to meet the Tribunal’s costs. [15] Mr Hodge resisted Mr Napier’s submissions. He submitted that the Tribunal has made findings on a number of issues which will be of assistance to the wider profession: (a) the filing of a statement of claim for high end litigation will amount to “significant work” for the purpose of r 3.5 such that written client information must be provided beforehand; (b) at the commencement of the lawyer-client relationship...

2. Te Manutukutuku Issue 19 [pdf, 858 KB]

   ...National Archives is beginning shortly to place the papers of completed claims on microfiche - the microfiche will be available to the Tribunal and to the public for purchase from Victoria University, Welling­ ton, next year. The hard copy will be filed with National Archives. The project will make research material more readily available as well as creating more space in the Tribunal's storage area. Public relations and information service The need for information on the Tribuna...

3. [2019] NZEnvC 035 Taylor v Small [pdf, 269 KB]

   ...Advice from Mr Brabant about lodgment of High Court proceedings. The parties were directed to file a joint memorandum by 25 May 2018 outlining whether a hearing would be required and when. In addition to the application for enforcement orders filed in this Court, the applicants also filed an application for declarations in the High Court. The declaration proceeding concerned the interpretation of restrictive covenants. The declarations sought were that (summarised):1 (a) Only...

4. EMPC Practical guide to litigating in the Employment Court [pdf, 286 KB]

   ...also contains other useful information about the processes of the Court, judgments of the Court, and guidelines for appearances before the Court. Make sure that your pleadings comply with the relevant requirements. Check the timeframes for filing and comply with them. For example, a challenge must be filed within 28 days of the date of the Authority’s determination: s 179(2). You will need to apply for leave beyond this timeframe. 11 Any such application will need to be ade...

5. [2016] NZEmpC 19 O'Shea (Labour Inspector) v Pekanga O Te Awa Farms Ltd [pdf, 247 KB]

   ...Authority), wherein Pekanga O Te Awa Farms Limited (Pekanga) was ordered to pay a penalty of $500 for multiple breaches of the Minimum Wage Act 1983 (MWA) and the Holidays Act 2003 (HA). 1 Pekanga was also ordered to pay $71.56 as reimbursement of a filing fee. [2] The focus of the challenge as to penalty is on quantum. It is submitted by counsel for the Labour Inspector, Ms Milnes, that having regard to eight alleged breaches, a more significant penalty should have been imposed...

6. Munro-Anderson & Ors as Trustees of the Munro-Anderson Trust v Reed [pdf, 62 KB]

   ...CCC”). 8.2 The Building Consent for this building work was issued on 25 September 2002 by the Waimakariri District Council, based on an application made by Direct Building Certifiers Ltd on behalf of Ms Munro-Anderson. She paid all the consent fees to a company called Nationwide Building Certifiers Ltd (incorporating Direct Building Certifiers). Mr Schumacher told me that he had set up the company of Direct Building Certifiers Ltd in 1998 so that he could carry out building...

7. Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 174 (32 TKT 174) [pdf, 245 KB]

   ...Gascoigne Wicks, PO Box 2, Blenheim qdavies@gwlaw.co.nz bfletcher@gwlaw.co.nz Michael Wenley, Willis Toomey Robinson Lawyers, Private Bate 6018, Napier 4142, mwenley@wtr.co.nz 32 Tākitimu MB 175 Introduction [1] On 17 October 2011 Samuel Gemmell filed an application for costs against the trustees of the Mohaka A4 Trust (“the Trust”). The application arises out of review proceedings which were dealt with in my judgment of 9 September 2011. 1 The applicant now seeks costs...

8. [2020] NZIACDT 8 - GQ v Ramos (10 February 2020) [pdf, 123 KB]

   ...Code against Ms Ramos: (1) failing to provide the complainant with sufficient immigration advice to enable her to make an informed decision as to how to proceed with her immigration matters, in breach of cls 1 and 2(e); and (2) failing to make file notes or to provide written confirmation to the complainant recording any immigration advice supplied and failing to advise her that the visa application had been lodged, in breach of cl 26(a)(iii), (b) and (c). JURISDICTION AND PROCE...

9. MVDT Annual Report 2024-2025 [pdf, 483 KB]

   ...received and is more than double the number of applications received in the 2014/2015 reporting period, as shown in the chart below. At the end of the reporting period 105 cases were on hand. The following chart shows a comparison of new applications filed from 1 July 2014 to 30 June 2025. 2 The 716 new applications received came from throughout the country. The pie chart below shows the location of the motor vehicle trader (where the vehicle was purchased) broken d...

10. Moeahu v Winitana - Waiwhetu Pa No 4 (2014) 319 Aotea MB 166 (319 AOT 166) [pdf, 164 KB]

    ...[4] This proceeding has had a long history. The most significant delay has been as a result of fresh allegations of improper use of trust funds being made at the hearing held on 23 March 2012 some 7 months after the original application had been filed, and as a result of such claims, through the efforts to procure the services of an independent auditor to finalise and audit the accounts of the trust. This report was not completed until September 2012, some 13 months after the filing o...