Search Results

1. [2023] NZEmpC 106 Ling v Super Cuisine Group Ltd [pdf, 254 KB]

   ...statutory defence to this offence arose if it was not possible to obtain the licence between the time when the need for it was reasonably foreseeable and the time when the offence was committed. It is necessary to explain that the amount of the licence fee varied according to the weight of the load carried. It was held by the High Court on appeal that, to satisfy the test of not reasonably foreseeable, the operator was not entitled to “just trust to luck”, but had a duty to ensu...

2. Stanimirovic v Levarko [2018] NZIACDT 3 (7 February 2018) [pdf, 350 KB]

   ...factual background in the statement of complaint are as follows: The parties [10.1] Mr Stanimirovic engaged TEC Employment Services Limited (TEC) a recruitment company based in Canada. He entered into a written agreement with TEC and paid a fee of US$2,500. The fee related to securing employment in New Zealand. [10.2] The complainant is Mr Stanimirovic, and Mr Levarko is the licenced immigration adviser. [10.3] The two Canadian entities to consider are: [10.3.1] TEC and its...

3. [2009] NZEmpC AC 16A/09 Peterson & Anor v B Engineering Ltd & Anor [pdf, 87 KB]

   ...themselves in the litigation so that it is unlikely that there can be any claim for costs of legal representation in the proceeding. However, the plaintiffs may have incurred disbursements (and will have incurred court-related disbursements such as the filing and hearing fees) and they may have costs of which the Court is unaware. I will permit the plaintiffs to have the period of one calendar month from the date of this judgment to apply by memorandum for orders for cos...

4. Philpott v Zderich [2011] NZWHT Auckland 16 [pdf, 176 KB]

   ...internal leak in the upstairs bathroom. Mr Ryan was contracted by Guyco to carry out some related plastering work. [20] At this time, Ms Philpott discovered some rotten carpet downstairs. She asked Guyco to investigate and this led to the filing of the claim with the WHRS (November 2003). This was the first time that Ms Philpott became aware that she had a leaky home. A 2m to 2.5m part of the wall (extending from the ground to the roof height) was replaced by Guyco. Guyc...

5. [2022] NZREADT 7 - WM & NU v Real Estate Agents Authority (28 April 2022) [pdf, 317 KB]

   ...compromised. [120] We decline to order training. Costs and compensation [121] The Committee noted that the complainants had requested reimbursement of the monetary costs incurred by the transaction. They provided invoices for valuation and legal fees. In their submissions to the Tribunal, they claim a modest $1,931.60. The Committee was of the view that the costs of purchase would be incurred whether the transaction proceeded or not. It therefore made no order for costs....

6. Ministry-of-Justice-June-2022-BIM-to-Minister-Allan-FINAL.pdf [pdf, 5.9 MB]

   ...Act 2022 3 • completing public consultation to develop advice on political donations reform • commencing the statutory review of the Intelligence and Security Act 2017 and the statutory review of the Sale and Supply of Alcohol (Fees) Regulations 2013 • completing the selection process for the panel to undertake the Independent Review of Electoral Law • securing Cabinet agreement to develop Aotearoa New Zealand’s first national action plan against racism. 11...

7. [2022] NZEnvC 035 Mangawhai Matters Incorporated v Kaipara District Council [pdf, 1.7 MB]

   ...replaced with the structure plan map at Annexure C. D: In relation to those matters which overlap with the interests of Mr Boonham the Mangawhai Matters appeal will remain open and the memorandum and draft consent order will be held on file pending resolution/determination of Mr Boonham’s appeal. The appeal by Mr Boonham remains outstanding. A timetable for filing of submissions is underway. E: Under s285 of the Resource Management Act 1991, no party seeks nor is th...

8. Apostolakis v Rennie (Strike-Out Application) 2017 NZHRRT 42 [pdf, 286 KB]

   ...letter dated 23 October 2015 notified Mrs Apostolakis that it had declined to progress her complaint because she had known of the matters complained about for more than 12 months (HRA, s 80(2)). These present proceedings before the Tribunal were not filed until 11 February 2016. The issue of delay will be returned to later in this decision. [4] In a statement of reply dated 14 March 2016 Ms Rennie has pleaded (inter alia) that the statement of claim discloses no grounds which establish...

9. Nga Uri a Maata Ngapo Charitable Trust v McLeod – Harataunga West 2B2A1 (2012) 49 Waikato Maniapoto MB 223 (49 WMN 223) [pdf, 169 KB]

   ...was passed that the reserve be a marae, “but as a Ngāti Porou marae”. [4] As the application to redefine the purposes of the Māori reservation progressed the Charitable Trust continued with the building project on the land until Mr McLeod filed an application for an interim injunction on 11 December 2009. The injunction application was filed because Mr McLeod was concerned to see that the buildings were being finished prior to the determination of the A07/7619 application,...

10. AN v TC LCRO 381/2013 (4 August 2015) [pdf, 88 KB]

    ...branch and his subsequent evidence indicate he did not make a formal complaint. Standards Committee process [10] On receiving Mr AN’s complaint, the Lawyers Complaints Service (LCS) spoke to Mr TC by phone and recorded that conversation in a file note dated 18 November 2013 which says “I will send him a copy of the complaint. Discussed that he became a bit intemperate towards the end, he understands awaits the decision”. [11] The LCS then sent Mr TC a copy of Mr AN’s co...