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1. [2013] NZEmpC 113 Talent Bean Ltd t/a Roasted Addiqtion Cafe v D'Souza [pdf, 116 KB]

   ...result. She and her husband struggled to meet day to day expenses. She had to get loans from friends and the bank to support herself and her family. She desperately tried to obtain any job that came her way. She stated that despite repeated requests the holiday pay was not paid until after the mediation meeting at the Department of Labour. She indicated in evidence that Mr Vincent Shan threatened her over her residency. She stated that she and her husband were migrants and th...

2. [2014] NZEmpC 97 S v L Ltd [pdf, 129 KB]

   ...charges were pursuant to s 380(1) of the Companies Act 1993 and the other two pursuant to s 228(b) of the Crimes Act 1961. [15] S did not advise L Limited of the fact of these changes to the situation, at least immediately. Rather, in response to a request made to his counsel by L Limited, S’s counsel sent an email to L Limited on 13 March 2013. Counsel’s email alleged in some detail bad faith on the part of the Police. Attached to the email were copies of letters from the Po...

3. [2014] NZEmpC 236 Lyttelton Port Co Ltd v Rail Maritime Transport Union Inc [pdf, 119 KB]

   ...application for interim injunction to be declined. Conclusion [64] The application is dismissed; I reserve costs. [65] Mr Monk’s affidavit stated that LPC would be making arrangements to try to address the areas of disagreement about risk. I requested further information about this; a memorandum was accordingly filed on behalf of LPC earlier today. I am advised that LPC has directed its Senior Health and Safety Manager to facilitate a review of the Risk Assessment. This...

4. Legal aid Criminal Procedure Act 2011 - consultation response - final [pdf, 627 KB]

   ...(online) Ministry of Justice The Vogel Centre, 19 Aitken Street DX SX10088, Wellington, New Zealand T +64 4 918 8800 F +64 4 918 8820 E info@justice.govt.nz W www.justice.govt.nz http://www.justice.govt.nz/ iii Contents About the reforms 6 The Consultation 7 Part 1: Changes required by the Act 7 PROPOSAL 1 Establishment of a Case Management Memorandum (CMM) Fee 7 Submissions 7 Response 8 PROPOSAL 2 Pre-trial Admissibility Hearings Fee for Judge-Alone Trials...

5. Ministerial briefing: Implementation of the Investment Approach to Justice [pdf, 909 KB]

   ...this paper to the Minister of Finance for final approval of the Justice Sector Fund proposal - RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T SOMERFA Text Box Withheld under section 9(2)(f)(iv) of the Official Information Act 1982 Implementation of the Investment Approach 2 Contacts for telephone discussion (if required) Name Position Telephone 1st contact (work) (a/h) Paul O’Connell GM Sector Investment 913 6382 Y Tim Hughes Princ...

6. CAC 20003 v Fourie [2014]NZREADT 71 [pdf, 63 KB]

   ...significant personal stress and was out of character with his life prior to and subsequent to that time. [22] Ms Earl submits that actions taken by licensees in their personal life, that is, outside the sphere of real estate agency work, are capable of forming the basis of misconduct charges under s.73(a) and, where that action results in a conviction, under s.73(d). That is correct. Where non-real estate agency work is involved in a charge under s.73(a), the key enquiry is whether th...

7. Grindle v CAC 20005 & Davis [2014] NZREADT 84 [pdf, 60 KB]

   ...day settlement period had been stipulated in the agreement for purchase of the property by Ms Davis when that agreement was conditional on the sale of Ms Davis’ own property. The Committee also found that Ms Davis had not given her full and informed consent to the insertion of the 10 day settlement clause. [10] The Committee concluded that, given that this clause provided such a short time frame for settlement, there was a positive onus on the licensees to make it very clear to Ms D...

8. Appeal Against Penalty Olde-Olthof & Anor v REAA CAC 20005 & Anor [2014] NZREADT 37 [pdf, 70 KB]

   ...limited. We accept that the Committee’s discretionary decisions in this case should not be interfered with lightly. [43] The findings and views of the CAC seem fair and just to us and we have covered them in some detail above. [44] At the request of the parties, we have heard this appeal against penalty “on the papers”; so that we cannot be sure whether the unsatisfactory conduct of the licensee was deliberate or careless, but it seems to have been rather careless. In terms o...

9. Redruth v Dereham LCRO 154 / 2010 (10 November 2010) [pdf, 132 KB]

   ...to as „F‟. The Practitioner opined that a legal claim lay against the Estate, a proposition that was rejected outright in a Judgment later delivered by Randerson J in May 2009. Background & Chronology [2] When the Applicant and his former partner separated he discovered that a property agreement that he had believed was valid, was in fact not legally binding for the reason that it had not been certified by either of the lawyers acting for him or his former partner. The

10. Van Workum & Ors as Trustees of the Van Workum Family Trust v Auckland City Council [2010] NZWHT Auckland 20 [pdf, 210 KB]

    ...remedial works based on the defects outlined at para 41 of its Summary of Claim dated 29 May 2009. According to the claimants, the following defects have caused significant moisture ingress, saturating the timber framing and causing toxic moulds to form: 41.1 Inadequately installed and weatherproofed joinery openings; 41.2 Insufficient internal to external floor level clearances, resulting in cladding finishing in contact with the adjacent surface of the concrete terrace;...