Search Results

1. DD v B Ltd [2022] NZDT 258 (20 December 2022) [pdf, 185 KB]

   ...Ltd because they had not provided the service in a reasonable timeframe (or followed up in order to do so) as per the guarantee of reasonable timeframe for services in the Consumer Guarantees Act 1993 (‘CGA’). The responsibility to ensure the job proceeds in a reasonable timeframe lies with the supplier, particularly once they have accepted a 50% part-payment, so even if there had been a misunderstanding about who was waiting on contact from whom, after a period of no contact B Ltd sh...

2. 2024 NZPSPLA 025 pdf [pdf, 173 KB]

   ...that fell into this definition. The Act specifically notes that any of the functions listed (screening, keeping order or removing a person) are functions of a crowd controller. I am satisfied that Parliament intended when drafting this Act, that if a job involves undertaking to a large extent any of these functions (screening, keeping order or removing a person) at any time whilst conducting their role, then the job would be classified as a crowd controller. [9] I note section 19(2)...

3. N Ltd v C Ltd [2024] NZDT 307 (9 May 2024) [pdf, 92 KB]

   ...that the two payments were made but is not 100% sure if some of the money claimed relates to previous work he had done for N Ltd. 4. BL said he had been unable to obtain records and wanted N Ltd to send him all his previous invoices for various jobs. 5. I am satisfied that it is ‘more likely than not’ that the two payments were made in error. 6. I make my finding when I consider that the overpayments have been scrutinized by the accounts department for N Ltd and ; 7. N Lt...

4. [2012] NZEmpC 76 N Ltd v O [pdf, 121 KB]

   ...in good faith. [10] Mr Patterson, on behalf of the plaintiff, explained that the plaintiff was going through a constant state of changes but that the defendant, as a salesperson, would enjoy the most secure position in the company as to his job security should he obtain permanent reinstatement. [11] These undertakings did not meet the defendant’s wish to resume his work. It was common ground that there was no provision for garden leave in the relevant employment agreement...

5. [2020] NZIACDT 13 - Registrar v Ryan - Sanctions (27 February 2020) [pdf, 108 KB]

   ...roles of immigration adviser and/or employer, he was responsible for false employment documents being lodged with Immigration New Zealand. His companies, BC International/Bite Consulting NZ, were paper companies with no real IT work and no real jobs. They had no connection with the real United Kingdom BITE group in the IT industry. [11] Mr Ryan and Mr Kerr were, for the purpose of the fake business, one and the same person. Communications purportedly authored by Mr Kerr were...

6. QN v C Ltd [2022] NZDT 209 (22 May 2022) [pdf, 216 KB]

   ...and the nature of the supplier in the context in which the goods and services were supplied. For example, a concert violin is required to meet a higher standard than a child’s cheap instrument. Parties can contract for a lower or higher specified job, and the expectation of quality and longevity must take this into account when assessing the reasonableness of any damages claimed. [27] Ultimately the Tribunal must decide what is reasonable or acceptable in the circumstances. [28] In th...

7. [2014] NZEmpC 208 Hayne v ASG [pdf, 162 KB]

   ...and 107 of the Sentencing Act 2002. Three grounds were advanced: a) Given the nature of ASG’s employment, it was submitted there was a strong likelihood that a consequence of convictions being entered by the Court would be the loss of his job. 10 This was regarded by the Judge as the most significant factor in support of the application. b) It was submitted that ASG may experience travel difficulties. This was not considered to be a factor entitled to significant weight....

8. [2014] NZEmpC 93 Prime Range Meats Limited v McNaught [pdf, 108 KB]

   ...He told the Court that he was a qualified fitter and welder and he described some of the positions he had held with other companies, including a concrete business in Ashburton and a workshop in Winton. He said that, "between these jobs I have also worked in the meat industry for approximately 16 seasons over the past 30 years." [9] None of the witnesses called on behalf of Prime spoke particularly highly of Mr McNaught. It emerged that his nickname at the plant w...

9. Holt & Ors as Trustees of the Kahala Trust v Auckland Council [2011] NZWHT Auckland 15 [pdf, 129 KB]

   ...installation work. Two of DVK’s contractors gave evidence at the hearing. While both worked on other units in the complex neither worked on Mr Holt’s house. They contracted only to DVK and DVK supplied all materials and allocated them to jobs. They were paid direct by DVK and DVK also paid for them to attend annual courses. [22] The first issue to be addressed is whether DVK, the licensed butynol installer, engaged to install the butynol membrane and whether they owe...

10. Landon v Auckland Council [2011] NZWHT Auckland 70 [pdf, 131 KB]

    ...partnership. Although she gave evidence of dealing with the Council in relation to the Housing New Zealand work that Mr Middleton did through Mr Bissett, Ms Middleton was not in a position to confirm what time Mr Middleton spent on each relevant job. [39] I did not find the evidence of Mr Middleton, Mr Bissett, Mr Prescott and Mr Coulter reliable or consistent. Mr Middleton was evasive when answering questions about the time that he spent on different jobs. Although he...