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1. D Ltd v QT Ltd [2021] NZDT 1468 (21 January 2021) [pdf, 234 KB]

   ...purposes but Mr N did not wait for its results before commencing the demolition. Mr N said that the DF report was requested by the company’s project manager, Mr X, and he was unaware that he had made the request. He said that he had passed the job onto Mr X to manage, as he does for all small jobs, and Mr X had also inspected the site and considered that an asbestos report was required. He said that he was unsure whether Mr X knew about the existence of the RD report when he request...

2. [2020] NZSSAA 23 (20 November 2020) [pdf, 263 KB]

   ...or values which are contrary to statute but must take care to identify the custom or values that are truly relevant to its determination.2 The case for the appellant [13] The appellant trained as a social worker and, after applying for several jobs in Nelson, was offered the Wellington position as a mental health professional. She states that she took this job because it was an ideal role and complied with her obligations under Job Seeker Support to accept an offer of suitable em...

3. [2024] NZIACDT 10 – MM v Ma (12 March 2024) [pdf, 114 KB]

   ...DECISION (Sanctions) Dated 12 March 2024 REPRESENTATION: Registrar: Self-represented Complainant: Self-represented Adviser: Self-represented 2 INTRODUCTION [1] The adviser was engaged by the complainant to seek a job and a work visa for a substantial fee. She arranged employment with her husband’s company, but did not inform the complainant of the relationship. The visa application was successful. [2] A complaint to the Immigration Advisers...

4. [2023] NZEmpC 95 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 257 KB]

   ...judgment.11 [37] A further factor relates to AvSec’s position. It holds onerous responsibilities for border protection. There is no evidence to suggest that but for the unusual pandemic-related regulatory provisions, the AVOs would have lost their jobs, some of which had been held for a lengthy period. In these circumstances, I consider it is reasonable that it should absorb some – although not all – of the costs it incurred in resisting the reinstatement challenge. I accep...

5. TX & UX v XC Ltd [2024] NZDT 440 (1 May 2024) [pdf, 232 KB]

   ...was “confident in what [it had] calculated”; c. While I understand UX and TX’s point that this meant they felt secure in the pricing they received from XC Ltd, it was clearly labelled a revised estimate; d. While a quote is an offer to do a job for a set price, an estimate is an approximation of how much a job might cost. UX and TX are not unsophisticated consumers and it is reasonable to think they understood the difference between a quote and an estimate; e. If UX and TX wante...

6. [2007] NZEmpC AC 39A/07 Toll NZ Consolidated Ltd v Rowe [pdf, 102 KB]

   ...that and come back to him or Mr Rowe if they needed more information. He believed that a solution would have been to give Mr Rowe a final warning and then medical retirement because he was ill and they knew he shouldn’t be in a safety critical job. He believed that the meeting proposed for 26 August was to hear a response by Toll on medical retirement issue. [67] Again, the only contemporaneous record of what occurred is Mr Wilson’s notes. While they do not expressly say that...

7. Pinnock & Ors as Trustees of the Pinnock Trust v Auckland City Council [2011] NZWHT Auckland 28 [pdf, 373 KB]

   ...repairs had been attempted. The fact that Mr Malone did some work on the old to new junction on the western elevation suggests this area was failing by 2003-04. Mr Malone‟s targeted repair is probably more accurately called a failed patch-up job. [61] I conclude that it has been established that flashings were not installed between the junctions of the old and new during the 1999 alternations and this is a defect. Whilst not necessarily being a Page | 22 primary caus...

8. Emtage v Accident Compensation Corporation (Revocation of Cover) [2023] NZACC 84 [pdf, 522 KB]

   ...knee … the leg had been bent when the impact began … also threw me back and I tripped on the curb but managed to stay upright. The weight of the plate stretched the jeans material of my trousers but did not cut through. Managed to complete job and climb back in truck, but pain was so intense I sat in truck crying for a while. Have had increasing problems with right thigh and hip joint since the incident occurred to the point that on 6 May I was no longer capable of working....

9. [2006] NZEmpC AC 58/06 McLean v Buy West Reality Ltd [pdf, 118 KB]

   ...Atatu branches. Mr McLean was employed as branch manager of the New Lynn branch. It was largely agreed by Mr and Mrs Voordouw and Mr McLean that Mr McLean’s primary role as branch manager was to assist the real estate salespersons in their job. [7] Before he started work at Buy West Realty, he and Mr Voordouw signed a contract entitled “CONTRACTOR AGREEMENT”. The contract is annexed as a schedule. It states that the contractor shall perform the services as an ind...

10. Peni v Pahi — Tiroa E Block and Te Hape B Block (2010) 1 Waikato Maniapoto MB 25 (1 WMN 25) [pdf, 148 KB]

    ...stated that he opposed the proposal for the following reasons: “1. …an overlap of governance and management roles and responsibilities; 2. Trust policy for all employed positions including contractors was to be tendered or advertised; 3. No job description, objectives, goals, desired outcomes or genuine need; 4. The person must have ability to communicate at all levels; 5. Must be analytical and be computer literate; 6. Clearly demonstrate and able to understand compliance issu...