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1. Hawkes Bay Standards Committee v M [2013] NZLCDT 1 [pdf, 172 KB]

   ...District Court, dated 15 July 2011, he deposed, inter alia, that: he denied the [redacted] charges he was facing; he had lost his livelihood and his health had suffered; and that publication of his name made efforts to “apply for appointments, jobs or positions ……hugely difficult” noting that publication of his name, the nature of the charges, or reference to his firm would cause him irreparable harm. He accepted in that affidavit that if found guilty of the crimes with whi...

2. CAC 20004 v Kolich & Anor [2014] NZREADT 39 [pdf, 59 KB]

   ...would receive the $10,000 is more plausible and is supported by the fact that Mr Vithal has never paid any part of the money to Mr Kolich and there is a lack of the motive on Mr Kolich’s part. • A lack of motive. [29] The Tribunal’s job therefore is to examine all of this consequential evidence and counsels’ submissions. We remind ourselves that serious allegations such as this while to be determined on the civil burden of proof require more evidence before the Tribunal...

3. CAC20002 v Gollins [2015] NZREADT 2 [pdf, 178 KB]

   ...acquire the Whitby mall on Foodstuffs’ behalf is not subject to this transaction and no fee is payable. (iii) 2.5% commission does not accommodate a small discount to your standard rate to recognise the past relationship we have built on other jobs. (iv) $114,148 plus GST is too much to pay for a transaction involving bare land. Would you please be able to review this sum and re-issue an invoice to enable payment?” [18] Mr Gollins discussed his response with Mr Lash and se...

4. Waters v Alpine Energy Ltd (Discovery No. 2) [2015] NZHRRT 7 [pdf, 73 KB]

   ...advertised Engineering Officer position to a lesser “entry level” so that Mr Waters’ application could be disregarded. That is, by reducing the level of the position it facilitated the appointment of a younger person who would learn “on the job” and the rejection of any applicant (such as Mr Waters) who was already qualified. The written submissions filed by Mr Waters expressed the point in the following terms: 6. That the reducing the level of an advertised position to an �...

5. Tesar v REAA CAC 20004 & Ors [2014] NZREADT 18 [pdf, 54 KB]

   ...will have the ability of a solicitor to determine the acceptable risks and problems with titles and/or covenants and/or LIM reports but clearly purchasers rely upon an agent when making representation as to the state of the property. The agent’s job is to ensure that the purchaser is not misled. In this particular case if the agent had bothered to obtain a LIM or had called the Council to ask, or even obtained a rates report then there would have been no misrepresentation. The diffic...

6. Nikora v Nightingale [pdf, 68 KB]

   ...Determination 8 had to be completed ready for the Insulclad to go on the wall” (Mr Nightingale’s statement). In short he says he fitted the clear sheeting before the Insulclad was applied, which was some weeks later when Mr Brooker came to the job. [29] However Mr Brooker is adamant that Mr Nightingale put the clear sheeting on the frame after he completed the application of the cladding. [30] This took place nearly 10 years ago. If I understood the evidence correctly nei...

7. AG & AH v BG & BH LCRO 52 / 2012 (19 July 2013) [pdf, 114 KB]

   ...I nevertheless have some sympathy for Mr [AG] and Ms [AH] in that, as is so often the case within law firms, they went to [BAB] in the first place because they had been advised, and believed, that [BAB] partner [BI] was the best lawyer for the job. They had not previously even heard of Mr [BH] and, undoubtedly, were concerned when he told them that this was his own first experience of an adjudication under the Construction Contracts Act. However, for the reasons stated by Mr [BH] in...

8. Waitangi Tribunal - issue 59 of Te Manutukutuku [pdf, 669 KB]

   ...like to acknowl- edge the dedication of all our members and staff, and wish everyone well for the remainder of this challenging year. Judge Carrie Wainwright Working as a presiding officer in the Waitangi Tribunal is a very enjoyable part of my job as a Mäori Land Court judge, and I take up the role of Deputy Chair- person with pleasure. It is, of course, an honour to work closely with Chief Judge Williams, and it is our joint objective to continue to strength- en the Tribunal�...

9. Waitangi Tribunal - issue 46 of Te Manutukutuku [pdf, 2.9 MB]

   ...'a remarkable Treaty schol­ ar in every sense.' Maurice was born in Switzerland and became Minister of Agriculture in Argentina's Misiones province before coming to New Zealand in 1973. whenua inquiry. He also did a sterling job in presenting evidence for Tc Uri o Hau k:i Drama tea in Stage One of the Kaipara inquiry. Just three days before his death , on 2 August 1998, I was able to tell Mamice how useful hi s work had been in the preparation of this re...

10. [2016] NZEmpC 144 Rossiter v AFFCO NZ Ltd [pdf, 123 KB]

    ...potentially affect Mr Rossiter very significantly. He has been, is and may well remain unemployed in a town in which the major employer is AFFCO and in a field of work in which he is skilled and experienced, but without alternative meat works jobs being available. [19] Next, as the full Court explained in H v A Ltd, 7 the leading recent judgment in this Court about s 179(5), the parliamentary intention in enacting s 179(5) of the Act was to expedite Authority investigations and de...