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1. Vertongen v The Real Estate Agents Authority (CAC 413) and Dunlop [2018] NZREADT 44 [pdf, 235 KB]

   ...no action in regard to the complaint pursuant to section 80 of the Act. [42] Mr Waymouth submitted- 37. Counsel further refers to the determination of the High Court in Vosper v REAA [2017] NZHC 453. In particular, the finding by His Honour Justice Heath relative to “competing goals “. 38. His Honour stated: “A balance needs to be struck between the competing goals of promoting a consistent and effective disciplinary process and avoidance of the stigma of a finding of u...

2. HRRT Statement of Claim (Privacy) [pdf, 297 KB]

   ...step 4) The Privacy Commissioner has decided, under section 77(2)(a) of the Privacy Act 2020, not to investigate the complaint; or The Privacy Commissioner, having commenced an investigation, has decided not to further investigate the complaint or matter; or The Privacy Commissioner has not made a determination under section 91(2), 93(2), or 94(1) of the Privacy Act 2020 in respect of the complaint or matter; or http://www.legislation.govt.nz/act/public/2020/0031/latest/whole.html?se...

3. [2020] NZSSAA 19 (4 November 2020) [pdf, 167 KB]

   [2020] NZSSAA 19 Reference no: NZSSAA 86/17 IN THE MATTER of the Social Security Act 2018 AND IN THE MATTER of an Appeal to the Social Security Appeal Authority by XXXX of Auckland, against a decision of the Chief Executive that has been confirmed or varied by a Benefits Review Committee DECISION ON JURISDICTION Background [1] XXXX filed this appeal on 24 July 2017 against the decision on 21 April 2017 by the Ministry of Social Development t...

4. [2009] NZEmpC WC 27/09 Griffiths Drilling (NZ) Ltd v Jenner [pdf, 24 KB]

   ...taken over company plant or equipment to be available to the plaintiff if recourse to other funds is not in the event that the defendant is successful in Court. [18] I think those proposals made by the plaintiff meet adequately the interests of justice in attempting to set the balance between the parties’ interests referred to earlier. I therefore make orders formally that execution of the remedies awarded by the Authority is stayed upon condition that the plaintiff makes the payme...

5. [2013] NZEmpC 44 South Pacific Ltd v Tian [pdf, 71 KB]

   SOUTH PACIFIC LIMITED V JINGXIN TIAN NZEmpC AK [2013] NZEmpC 44 [22 March 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 44 ARC 76/12 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN SOUTH PACIFIC LIMITED Plaintiff AND JINGXIN TIAN Defendant Hearing: By submissions filed on 11, 12 and 18 March 2013 Counsel: Paul Pa'u, advocate for plaintiff May Moncur, advocate for defendant Judgmen...

6. Donkin v CAC 10057 & Morton-Jones [2012] NZREADT 44 [pdf, 31 KB]

   ...no misrepresentation. The difficulty here was that without checking further the agent accepted the vendor’s words and made no effort to alert 4 anyone of any potential risk in accepting this statement. We echo the comments made by Justice Wild in Altimarloch Joint Venture Ltd v Moorhouse, (HC Blenheim CIV-2005- 406-91, 13 July 2008). [10] It has been suggested to us by counsel for Barfoot and Thompson that we should be cognizant of the fact that the action happened prior...

7. Tuiono – Joanna Davis (2013) 58 Taitokerau MB 269 (58 TTK 269) [pdf, 72 KB]

   58 Taitokerau MB 269 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT 58 Taitokerau MB 269 (58 TTK 269) A20120002576 UNDER Section 18(1)(a), Te Ture Whenua Maori Act 1993 IN THE MATTER OF Joanna Davis BETWEEN IRIS TUIONO Applicant Hearing: 21 January 2013 29 April 2013 (Heard at Whangarei and Auckland) Judgment: 03 May 2013 RESERVED JUDGMENT OF JUDGE D J AMBLER

8. BORA Land Transport (Speed Limits Validation) Bill [pdf, 301 KB]

   ...importance of the objective. The Bill is concerned with making the law conform to that which it was always understood to be. As the Legislation Advisory Committee guidelines note, retrospective legislation can be justified where it seeks to “validate matters that were generally understood and intended to be lawful, but were in fact unlawful as a result of a technical error” or to “address a matter that is essential to public safety”. [7] Both of those justifications apply here. 2...

9. 2018 NZSSAA 008 (5 February 2018) [pdf, 100 KB]

   [2018] NZSSAA 008 Reference No. SSA 086/15 and SSA062/16 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of Christchurch against a decision of a Benefits Review Committee COSTS DECISION Introduction [1] XXXX (the appellant) filed two related appeals which were scheduled for hearing at the same time. The first appeal, SSAA 086/15 was against the decision to stop her benefit payments on the basis t...

10. [2018] NZEmpC 52 Smith v Director-General of the Ministry for Primary Industries [pdf, 340 KB]

    ...that there is no basis for an uplift. While Mr Smith placed his health in issue that did not unnecessarily prolong the hearing and does not fall within the category of conduct referred to in reg 68(1). All Mr Smith did was place in issue those matters he considered to be relevant. [16] I reject Mr McKenzie’s submission that the disbursement was unnecessary because of the defendant’s in-house resources. The defendant incurred the expense of having copying and binding...