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1. QQ & TO v FN [2024] NZDT 697 (29 November 2024) [pdf, 198 KB]

   ...QQ and TO must prove that it is more likely than not that FN did misrepresent the bracelet and that but for the misrepresentation they would never have purchased the bracelet. A misrepresentation can be innocent or fraudulent. A starting point in private sales is caveat emptor; that is, buyer beware. 4. TO states he and QQ purchased the bracelet after seeing it on [website]. He states the picture of the bracelet and the bold letters at the top of the listing read as if this is a 9ct gol...

2. QX v ZW LCRO 134/2014 (21 October 2016) [pdf, 159 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … The power of review is much broader tha...

3. 2019 archive

   ...application forms Form 29: Termination of Assignment payment request – as these are no longer required Form 36: Family Fixed Fee Plus invoice form – as fixed fee plus activities can now be claimed on the same invoice as fixed fees. We will still be investigating the possibility of making the Word template package Mac compatible. An update will be provided once the assessment is complete. As part of this release, we have also made changes to the amendment to grant forms to: include the fea...

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4. [2007] NZEmpC WC 20A/07 Gaskin v Grenside [pdf, 32 KB]

   ...Employment Relations Authority, this time alleging that Mr Gaskin had breached the confidentiality provisions of the mediated settlement. He sought damages of $20,000, a penalty of $5,000, and payment of his costs. [8] Mr Gaskin participated in the pre-investigation meeting phone conferences. He had agreed to the Authority determining the problem on the papers and to file submissions according to a schedule but did not in fact file any argument and/or evidence so the determination...

5. ENVC Hearing 6Oct14 AT rebuttal Anthony Blom [pdf, 126 KB]

   ...19 Since preparing my evidence in chief, AT has investigated the possibility of commissioning automated access systems at a number of locations in Auckland, including at the Matiatia keyhole. The details of this system are not yet known as investigations are at an early stage. AT’s intention is that any automated system will be able to detect the length of time vehicles spend in the keyhole area, monitor for congestion, and screen out those vehicles which are not permitted wit...

6. [2016] NZEmpC 131 A Labour Inspector v Taste of Egypt Ltd [pdf, 89 KB]

   ...appropriate to adopt the calculation produced by the guideline scale, where in-house counsel carried out the work involved. Those services should not be assessed on the same basis, at least in this case, as would be the case for a lawyer engaged in private practice, to whose circumstances the guideline scale will more normally apply. [23] Further, it was necessary for additional attendances to be carried out because the evidence in support of the ex parte application was not, initi...

7. HI v TN [2022] NZDT 53 (11 January 2022) [pdf, 200 KB]

   ...so unwarrantable without repairs. He said that the rust had been visible to him when he had carried out his inspection with a torch, but would not have been apparent to a casual observer. [6] TN, a finance broker, said that the transaction was a private sale, and that he had made no statements amounting to misrepresentations. He had said that the car appeared tidy, which it did in the photographs he sent to HI; and he considered that he had answered HI’s questions truthfully, to the b...

8. LL v U Ltd [2024] NZDT 306 (24 April 2024) [pdf, 201 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the pr...

9. NE & QE v LH [2024] NZDT 759 (7 November 2024) [pdf, 104 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the pr...

10. Complaint Assessment Committee 403 v Licensee B [2017] NZREADT 21 [pdf, 178 KB]

    ...continued to accept responsibility for his inappropriate and unacceptable comments. She submitted that the defendant had accepted that while Ms A was effectively his employee, his conduct could be construed as bullying, and he met with Ms A for a private mediation where issues between them were settled. [24] Ms Pender also referred to an affidavit sworn by the defendant and submitted in relation to penalty and his application for non-publication of his name. In addition to...