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1. [2020] NZREADT 41 - Bellis v Real Estate Agents Authority (9 September 2020) [pdf, 274 KB]

   ...they need to obtain independent legal advice. [9] The point is that an agent should make sure before a positive representation is made that they have taken at least some precautions to check the veracity of the representation. … 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 diff...

2. TI(G)M v Hanning [2020] NZIACDT 1 (9 January 2020) [pdf, 138 KB]

   ...first complaint she had ever received. [48] As for the complainant’s lack of income, Ms Hanning explained that many vineyard workers took the opportunity in the off-season to return home for a couple of months while still having a full-time job available for their return. 8 [49] In response to the allegation regarding the faulty wording in the employment agreement, this had been brought to the employer’s attention on another occasion and the employer had altered the wor...

3. Xu v Tian [2018] NZIACDT 42 (26 October 2018) [pdf, 186 KB]

   ...was signing such an application, as Ms Tian informed her the 7 Code of Conduct 2014, cl 26(b) & (c). 8 documents were to explain the delay in sending evidence regarding the advertising of the job. [46] Ms Tian states in her affirmation that Ms Xu came to her office on 28 April 2015 and signed the second application for a work visa in her presence. According to Ms Tian, it is obvious from the form that it was an application for a...

4. Daly v Accident Compensation Corporation (weekly Compensation) [2022] NZACC 217 [pdf, 262 KB]

   ...freezing works season. Even with the help from my wife, season and contractors, the commercial farming operation was effectively put on hold until the season came to an end because I did not have a free day, let alone several days, to finish a job. Relevant law [28] Section 6 of the 2001 Act defines employment as “work engaged in or carried out for the purposes of pecuniary gain or profit”, and a “self-employed person” as “a natural person who has earnings as a self-em...

5. [2021] NZACC 104 - A v ACC (16 July 2021) [pdf, 309 KB]

   ...of them by ACC on a pragmatic basis. He also offered to continue oversight of “A” for the twelve month period from his report date of 15 April 2021. [57] “A” is a person who has given almost 15 years of his life as a police officer, a job that protects the public and upholds the law. Being a police officer is a gift of service to your community. Unfortunately for “A”, a series of traumatic work situations have caused him to develop PTSD and MDD. Despite the efforts of...

6. [2021] NZACC 185 – Jurisich v ACC (22 November 2021) [pdf, 340 KB]

   ...bothered having surgery because I had kids to feed, bills to pay and had 600 head of stock to look after. … and that’s just the way I am. I just worked and that was it, and I never bothered having surgery. … I was in fear of giving up a job. What do I do? I could have probably gone on ACC but I felt I was strong enough and young enough to tolerate it and just carry on and put up with things, which I was. You know, I just took pills for decades. [70] It does not seem...

7. [2021] NZIACDT 20 – HT v Shaikh (27 August 2021) [pdf, 235 KB]

   ...Zealand in 2015 to study, but had been working lawfully from 2017. By 2020, his work visa was due to expire on 25 September 2020. Mr Shaikh was aware of this as he had acted for him on an earlier application. [7] The complainant secured a new job as a Personal Assistant and informed Mr Shaikh on about 10 August 2020. Mr Shaikh advised changes that needed to be made to the advertisement. [8] Both the complainant and the new employer sent relevant documents to Mr Shaikh on...

8. LCRO 145/2021 AZ v BY (28 October 2022) [pdf, 205 KB]

   ...complex and not solely confined to the matters referred to by Mr AZ as having already been dealt with. [22] Mr BY disputes it was necessary for Mr AZ to remind him about court and other deadlines.17 [24] Mr CX says:18 In order to do his job, Mr BY was entitled to and needed to liaise with the various experts. These experts were part of the same team and had the same client (the complainant) and there needed to be coordination between them. There was no obvious reason why Mr B...

9. X Ltd v II [2021] NZDT 1539 (14 May 2021) [pdf, 169 KB]

   ...landscaping and that the pile of fines which should have been used was left untouched. They considered the works done were not fit for purpose necessitating the carrying out of remedial work. II and BI said that the timetable for the carrying out of the job was not kept to and that the invoice had been presented to then prior to all of the work having been finished. [17] XL disputed that the carbon filter was “overkill” and provided a letter from the manufacturer confirming that it...

10. McKenzie v ACC (Leave to appeal to the High Court) [2024] NZACC 65 [pdf, 232 KB]

    ...approved surgery earlier. The delay in treatment has caused the osteoarthritis. She now also has left knee damage because of the right knee. She has suffered pain, financial loss and a negative impact on her wellbeing as a result. She also lost her job as an earlier childhood teacher. She wants her right knee back so that she can walk and work. She disagrees with the findings made by Judge Carter. [52] This Court notes that Ms McKenzie may obtain leave to appeal Judge Carter’s...