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1. [2016] NZEmpC 62 Harlow v Western Property Management Ltd [pdf, 100 KB]

   ...Management Ltd is in liquidation and was in liquidation prior to the freezing orders being made, the freezing orders should remain in force to enable Ms Harlow to either now persuade the liquidators to pursue the claims in view of the further information available, or alternatively to seek the leave of the High Court to continue with the proceedings. In addition the order should remain to enable her legal counsel, Mr Turner, to attend to some proposed amendments to the pleadings in...

2. [2013] NZCA 108 CA149/2013 Snowdon v Radio New Zealand [pdf, 98 KB]

   ...The two applications relate to this order made by Judge Ford on 1 March 2013: (v) The plaintiff is to pay into Court the sum of $200,000 as security for the defendant’s costs or provide to the defendant and the Court a bond from a bank, in a form reasonably acceptable to the defendant by 4.00 pm on Wednesday, 3 April 2013. (Counsel to note the change of date from 1 April, which is Easter Monday). UNLESS THIS ORDER IS STRICTLY COMPLIED WITH, EACH OF THE PROCEEDINGS BEFORE THE...

3. [2016] NZEmpC 92 Patel & Anor v Sharma [pdf, 90 KB]

   ...the time and wage records presented by Mr Patel in evidence especially when compared to a separate private diary kept by him recording different, and higher hours of work for Mr Sharma. Excerpts from that diary were produced by Mr Sharma in the form of photographs he had taken of its pages for the period 12 to 18 November 2012 and 8 July 2013 to 31 August 2014. The Authority recorded that: 2 The diaries reflect a much higher weekly average of hours worked than the weekly times...

4. JQ v QM LCRO 97 / 2011 (28 August 2012) [pdf, 84 KB]

   ...Care Rules 2008 (“the Rules”) did not apply. [7] In the course of the Standards Committee enquiry the Practitioner was asked to specifically address whether or not the test of misconduct set out in section 7(1)(b)(ii) applied to him. This request arose from the Committee’s tentative acceptance that the Practitioner was not supplying regulated services at the time of his telephone call to the Complainant, and that (by implication) section 12 did not apply. [8] In reply, Coun...

5. OV v PG LCRO 250 / 2010 and 242 / 2011 (7 August 2012) [pdf, 79 KB]

   ...cover up her deficiencies. [20] There is an abundance of evidence that all of the information that was pertinent to the Applicant’s trial was before the Court, and that he could not have remained unaware of that evidence. Much of that evidence formed the basis of his appeal. [21] It is also clear from the information that the original charge of rape was amended to one of attempted rape for reasons related to inconsistencies in PF’s evidence. Although the Applicant claimed that...

6. Fa'asavala v Letalu [2014] NZIACDT 91 (17 September 2014) [pdf, 174 KB]

   ...The grounds on which the Tribunal upheld the complaint were: [2.1] The complainant was in New Zealand unlawfully and sought Mr Letalu’s assistance to apply for a visa. [2.2] Mr Letalu embarked on a course where he repeatedly filed unmeritorious requests, then made complaints on the same grounds. The responses of Immigration New Zealand and the Minister made it clear why his actions were inappropriate. He persisted. [2.3] He then lodged an appeal out of time and he did not refund th...

7. CP Ltd v XL Ltd 2016 NZDT 906 (16 March 2016) [pdf, 123 KB]

   ...running of the business was not included in the sale, which it only discovered on the day they took over the business, when told by staff that many items of equipment were missing. [2] CP agrees that the items included in the chattels list that forms part of the contract were present. However it says that it could not have known that all the equipment required to run the restaurant as it had been operating was not included on the chattels list, and that this is a breach of the term...

8. 2018 NZSSAA 008 (5 February 2018) [pdf, 100 KB]

   ...Benefit Review Committee. Accordingly, we conclude that the Authority has no power to award any costs in relation to either preparing for or attending a review by a Benefits Review Committee. Costs of second appeal [18] The second appeal formed part of the original notice of appeal which was filed on 14 July 2015. The Authority asked the Ministry to file its s 12K report by 20 October 2015. On 19 October 2015 Mr Signal sent an email to counsel for the appellant stating th...

9. BORA Education (Protecting Teacher Title) Amendment Bill [pdf, 284 KB]

   ...of Representatives - 2018 Inconsistency with s 14 — Right to freedom of expression 9. Section 14 of the Bill of Rights Act affirms that everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. The freedom of expression is “as wide as human thought and imagination”2 and includes any activity which conveys or attempts to convey a meaning.3 10. The Bill is intended to provide clarit...

10. Hawke’s Bay Standards Committee v Dender [2017] NZLCDT 39 [pdf, 227 KB]

    ...his acting in a way which is said to be out of character for him. [7] Between December 2015 and February 2016 the relationship between Mr Dender and his former partner had deteriorated significantly. Mr Dender had concerns that his partner had formed a relationship with another person. She denied this relationship and although the parties had a trial separation, which Mr Dender initiated, so shocked was he at his own behaviour, it is clear there were mixed signals from the victi...