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1. Pouwhare v Auld - Oparau No 1 Block and Pirongia West 12B3D (2015) 95 Waikato Maniapoto MB 167 (95 WMN 167) [pdf, 270 KB]

   ...reference to C A Auld, the respondent. For some of the tax invoices there are accompanying cover letters, however they do not relate to these proceedings but rather to parallel work which was being undertaken involving a subdivision, the obtaining of resource consents and the possible sale of the property. Given that Judge Milroy’s decision was released in November 2004 and the compensation determination was not revived by the parties until 2013, I consider that whatever work was...

2. [2013] NZEmpC 113 Talent Bean Ltd t/a Roasted Addiqtion Cafe v D'Souza [pdf, 116 KB]

   ...a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. (3) In applying the test in subsection (2), the Authority or the court must consider— (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employer...

3. Nightingale v CAC10055 & Lee, Godfrey & Barfoot & Thompson Ltd [2012] NZREADT 55 [pdf, 67 KB]

   ...Again, we can only agree with those submissions of Mr Rea. [20] Mr Rea submits that the core of this matter concerns a dispute over real estate commission charged five years ago. He referred to the dispute having already consumed extensive judicial resources with three days in the District Court, a High Court appeal, and a Complaints Assessment Committee determination. 11 [21] Mr Rea submits that the appeal is frivolous, vexatious and an abuse of process; that the allegat...

4. [2014] NZEmpC 97 S v L Ltd [pdf, 129 KB]

   ...side, S himself and a partner in the firm of lawyers representing him in the criminal proceedings and, probably also, representing him in his employment relations dealings with L Limited. For L Limited, present were a General Manager, a Human Resources Manager, and counsel for the defendant in the present proceedings, Mr Harrison. [34] Mr Harrison’s subsequent letter to S’s solicitors dated 20 May 2013 (which appears to have a typographical error when it refers to the meeting...

5. [2016] NZEmpC 13 Adams t/a Untouchable Hair & Skin v Brown [pdf, 171 KB]

   ...employment relationship and because employees may in certain cases be motivated in part by the desire for vindication. As this Court has previously said a “steely” approach is required. It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. Where defendants have acted reasonably in su...

6. Ngamoki-Cameron v Koopu - The Proprietors of Mangaroa & other blocks incorporated (2014) 91 Waiariki MB 279 (91 WAR 279) [pdf, 218 KB]

   ...the Court. Instead, in such circumstances as these, it is far preferable for the Court to simply attempt to play a facilitative role, informal for formal, so that those persons mandated by the shareholders to act as governors of their lands and resource are able to fulfil those obligations according to their own constitution and customs. [9] Therefore, the judicial conference will proceed, in the absence of any further direction to the contrary, at 11.00am on Wednesday 8 January...

7. Appeal Against Penalty Olde-Olthof & Anor v REAA CAC 20005 & Anor [2014] NZREADT 37 [pdf, 70 KB]

   ...compliance certificate. Certainly, there is such initialling on that part of the contract document. That cl.6.2(5) has the vendor warrant: “(5) Where the vendor has done or caused or permitted to be done on the property any works: (a) any permit, resource consent or building consent required by law was obtained; and (b) the works were completed in compliance with those permits or consents; and (c) where appropriate, a code compliance certificate was issued for those works.”...

8. FZ v UL LCRO 257 / 2010 (17 October 2011) [pdf, 127 KB]

   ...approximately $30,000.00 in the bank at the time he instructed UL. I am not sure if that could be considered to be accurate information given FZ’s uncertainty at the hearing, and I note that in an affidavit sworn on 26 July 2007, FZ listed his cash resources as being $9,498.00 together with $1,037.00 in a joint account with GA. I am not certain as to the legal aid criteria, but would expect at the commencement of instructions, FZ would not have qualified for legal aid. However,...

9. Redruth v Dereham LCRO 154 / 2010 (10 November 2010) [pdf, 132 KB]

   ...“duty to take any point which he believed to be fairly arguable on behalf of his client.” [37] Conversely, a lawyer instituting civil proceedings that lack any legal foundation is an abuse of Court processes, squandering valuable Court time and resources, and also a dereliction of the lawyer‟s duty to the client and exposing the client to liability of costs. On this point G E Dal Pont‟s textbook, Lawyer’s Professional Responsibility, states (at page 401): “Before...

10. KB v JR LCRO 191/2012 (14 May 2014) [pdf, 192 KB]

    ...of the Standards Committee determination to correct what she sees as errors. In this decision, I have referred only to matters to which it is necessary to refer for the purposes of this decision and/or to provide balance to the determination. Resources do not allow for time to be expended to correct errors which have no bearing on the outcome of this review. Standards Committee determinations are not published other than to the parties. [3] Ms KB lodged her complaint with the N...