Search Results

1. [2019] NZEmpC 113 Genesys Telecommunications Laboratories Ltd v Scott [pdf, 576 KB]

   ...LABORATORIES LIMITED Plaintiff AND BRENDON SCOTT Defendant Hearing: 26 August 2019 (Heard at Auckland) Appearances: P Kiely and S Worthy, counsel for the plaintiff C Eggleston, counsel for the defendant Judgment: 30 August 2019 JUDGMENT OF JUDGE B A CORKILL Introduction [1] This judgment resolves a challenge to the making of an interim reinstatement order by the Employment Relations Authority (the Authority).1 [2] Mr Brenda...

2. Wiezoreck v McHugh [2013] NZIACDT 35 (4 June 2013) [pdf, 240 KB]

   BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2013] NZIACDT 35 Reference No: IACDT 024/11 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY Immigration Advisers Authority Authority BETWEEN Peter Wiezoreck Complainant AND Anneline Joanna (Anna) McHugh Adviser DECISION REPRESENTATION: Complainant: In person Adv

3. Crosswell v Auckland City Council [pdf, 92 KB]

   ...Contradictors v Attorney General, 15 PRNZ 200 (PC) made it very clear that trustees and beneficiaries certainly have different interests. [58] Moreover the decision of Venning J in Byron Avenue, after granting the trustees of the Clark Family Trust a judgment against the Council and two other respondents dismissed any claim for general damages stating: “I make no allowance for general damages for the trustees.” [59] Both Adjudicator C B Ruthe and Adjudicator Pitchfor...

4. [2019] NZEnvC 101 Stone v Hastings District Council [pdf, 1.2 MB]

   BEFORE THE ENVIRONMENT COURT AT WELLINGTON I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND BETWEEN AND Judge MJL Dickey Judge BP Dwyer Decision No. [2019] NZEnvC 101 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act BRETT STONE MARY STONE (ENV-2018-WLG-00028) Appellants HASTINGS DISTRICT COUNCIL Respondent Environment Commissioner JA Hodges At Napier on 9-10

5. LCRO 111/2024 MS v PC (24 March 2025) [pdf, 273 KB]

   ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [31] The High Court has also described a review by the LCRO in the following way:2 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are ent...

6. Disputes Tribunal Annual Report for 12 months to 31 December 2024 [pdf, 1.3 MB]

   ...$60,000.00. The Tribunal worked hard throughout 2024 to be ready, should this decision be made. I am incredibly proud of the commitment and care that my 65 colleagues have shown to their parties, and their pursuit of timeliness, accuracy and good judgement in their facilitation and adjudication. I am very grateful to the Chief Justice, Helen Winkelmann, for her unwavering support of all Tribunals, and to the Chief District Court Judge, Chief Judge Heemi Taumaunu, for his essential...

7. S v L [2017] NZIACDT 3 (4 April 2017) [pdf, 114 KB]

   ...complainant’s attempt to mislead when he obtained his residence visa. They were correct to view the matter in that way. [26] I have accepted as a fact that the adviser did identify the 24 month issue, and I am also satisfied that he correctly made the judgement that the 24 month issue was not the significant obstacle to the applicant’s objectives. He identified the real objective to the applicant was the attempt to mislead. It necessarily follows that he was not negligent;...

8. Griffiths v Real Estate Agents Authority (CAC 412) & Burnett [2017] NZREADT 26 [pdf, 206 KB]

   ...from Mr Nuttal but in these circumstances should have made an effort to have advised the purchaser of the fact that the asset register was known to be incomplete. This is a breach of R6.4. We deal with the consequence of this finding later in our judgment. Drafting the restraint of trade clause [19] Mr Bowie’s initial offer included a restraint of trade clause for one year. Mr Burnett drafted a later offer which had a three year restraint. Mr Griffiths legitimately asked why th...

9. INZ (Calder) v Horan [2019] NZIACDT 23 (23 April 2019) [pdf, 163 KB]

   ...Professional Conduct Committee of the Nursing Council of New Zealand [2012] NZHC 3354 at [44]–[51] and Katamat v Professional Conduct Committee [2012] NZHC 1633, [2013] NZAR 320 at [49]. 7 [22] The communications cast doubt on Mr Horan’s judgement as to how best to represent his clients’ interests. He does not understand that it cannot possibly be in the interests of his clients to make such gratuitous personal attacks on the very immigration officers from whom his client...

10. LCRO 19/2024 MT v DB (31 January 2025) [pdf, 156 KB]

    ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [19] More recently, the High Court has described a review by this Office in the following way:2 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determi...