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1. AFS and AFT v ZUD and ZUE [2013] NZDT 348 (2 July 2013) [pdf, 104 KB]

   ...all the other possible causes at the hearing, he stated that a failure of the waterproofing was probably, although not certainly, the cause. For these reasons, the weight of evidence established that it was probably an inadequate waterproofing job that was to blame. [29] I have also had regard to ZUE’s view that the warranty in cl 6.2(5)(d) should be viewed as being satisfied so long as all Council processes have been satisfied. In this case, the Council had “signed off”...

2. [2015] NZSSAA 42 (1 July 2016) [pdf, 48 KB]

   ...occurred in her teaching position as a result of which she resigned and, for a period, her teacher’s registration was under consideration. By December 2011 she had resumed part-time employment. At the present time she holds down two part-time jobs. 2 [5] In addition to parenting four children, the appellant has had to deal with the stress resulting from the breakdown of her marriage, the loss of the family home, difficult financial circumstances, the effects of the Christc...

3. Lee v Wellington City Council [2012] NZWHT Auckland 31 [pdf, 87 KB]

   ...The construction work was done by the labour only builders with the assistance of subcontractors and one of Phoenix’s foremen on site part-time doing a lot of the site work. Phoenix’s project manager called in every day, as he did on each job it had on at the time. [20] Mr Koornneef had completed a building cadetship with Fletcher Construction in quantity surveying and was Fletcher’s estimator for five years. His role in Phoenix included negotiating contracts, pricing t...

4. Brown - Waipaoa 1A1 (1993) 33 Tairawhiti Appellate MB 74 (33 APGS 74) [pdf, 248 KB]

   ...he was bound by the Ranga decision and although we raised arguments against that he said he was bound by the decision and therefore the Maori Trustee was holding the monies as agents for the owners and there was no jurisdiction under Section 32. My job here today is to ask the Court to reconsider the question raised in Ranga and if I can successfully do that, that will be the end of the matter and hopefully the Court will make the order sought or in the alternative, the facts of the present ca...

5. Cutaran-Tanggaan v Earnshaw [2012] NZIACDT 61 (28 September 2012) [pdf, 81 KB]

   ...cut-off date for lodging the application, and it was missed. There were consequently difficulties in Ms Cutaran-Tanggaan gaining a visa. [19.6] Fees were paid in three instalments: PHP120,000 as an “Acceptance Fee”; PHP100,000 “Upon Issue of Job Offer and Visa Application”; and PHP100,000 “Upon Issue of Visa”. http://www.iaa.govt.nz/ 4 [19.7] Ms Earnshaw had agreed and previously indicated that the final payment of PHP100,000 should be refunded, but not the fi...

6. AM v SB LCRO 316/2012 (28 July 2015) [pdf, 144 KB]

   ...warrant any kind of disciplinary sanction. [21] There is also nothing objectionable about her describing herself as Mr TX’s solicitor on documents filed in court without reference to her status as a barrister. It is generally the solicitor’s job to file documents in court where separate counsel is instructed.1 In this case the documents filed in Court record that Ms SB was acting as solicitor and counsel in the proceeding; she was shown in the memorandum on the front page...

7. Musese v Min [2013] NZIACDT 24 (04 April 2013) [pdf, 119 KB]

   ...progressed Mr Musese decided to look for work in New Zealand. Mr Musese agreed with Global Visas that the fee he had paid would be applied to seeking appropriate visas for New Zealand instead of Australia. [8] On 30 June 2011 Mr Musese received a job offer in New Zealand, and Global Visas requested a copy of the relevant documentation to progress the matter. This included personal documents such as medical and police clearances. [9] Mr Musese became aware that Global Visas (Cape Town)...

8. LCRO 195/2014 MC v GK (28 May 2018) [pdf, 179 KB]

   ...(HC) at 615. 6 Fellow practitioners are probably the persons best qualified to consider solicitors’ bills of cost. They should be familiar with the overheads, fair charge out, and what is a proper amount of time to charge for a particular job. [24] That is the reason why the Practice Note issued by the Lawyers Complaints Service “concerning the functions and operations of Lawyers Standards Committees” states:7 Fee complaints should be delegated by Standards Committees e...

9. [2018] NZEmpC 41 Rachelle v Air New Zealand Ltd [pdf, 343 KB]

   ...pay costs to it of $4,500 which she has not done despite a formal demand for payment being made. Other supporting submissions were about the state of the pleadings, that her claim is unmeritorious, and she plans to leave New Zealand to take up a job overseas. [26] Ms Rachelle opposed this application, describing it as ludicrous, not feasible and corporate bullying. In her submissions she relied on a statement that she should not need to provide security and had already paid to t...

10. Respondent TPO Information Pack [pdf, 548 KB]

    ...take any weapons. They may also charge you for not following this Order. In a few exceptions, the Order may state that you are allowed to have or use a weapon or allow you to have a firearms licence (for example if it is needed as part of your job). In those cases, the Protection Order will describe how you can access and use this weapon. If this Temporary Protection Order is made final any gun license you have will be cancelled. You can apply to defend this Order becoming f...