Search Results

1. Samuela v Accident Compensation Corporation (Prelimary jurisdiction issue) [2023] NZACC 162 [pdf, 262 KB]

   ...entitlement and compel Mr Folau to use the leave because of the Corporation’s interpretation of the abatement provisions. The Corporation gives the employer undue influence to decide whether leave entitlements are restored or used. [18] In response to the Corporation’s reply, Mr Tuiqereqere highlights some questions about the search conducted by Mr Martin Shelton. It is claimed that the search shows the substantive issue is not prevalent and there are only a few cases where...

2. CAC 2106 v Hu [2024] NZREADT 36 (23 September 2024) [pdf, 143 KB]

   ...Mr Hu was found to have breached his fiduciary duty of loyalty to his clients, the vendors, by secretly entering a commission sharing arrangement with the purchaser. He did not disclose it to the vendors and concealed it from his manager who was responsible for negotiating with the vendors. [36] This behaviour was found to be sufficiently serious to amount to unsatisfactory conduct, not the graver wrongdoing of misconduct. This was because it was not proven that it was Mr Hu who...

3. [2025] NZEmpC 93 CG v Calendar Girls NZ Ltd [pdf, 264 KB]

   ...reach an agreement as to costs. [83] If agreement cannot be reached, the plaintiffs are to file and serve a memorandum as to costs within 21 days of the date of this judgment. The defendant has a further 14 days to file and serve a memorandum in response with any reply to be filed and served within a further 7 days. Costs will then be determined on the papers. Helen Doyle Judge Judgment signed at 11.45 am on 13 May 2025 36 Employment Court of New Zealand “...

4. [2024] NZSSAA 11 (5 September 2024) [pdf, 288 KB]

   ...doubt that he is the person who receives weekly compensation in respect of his dependent children by virtue of s 71A” of the (then) Social Security Act 1964.16 It follows, this too is determinative in the present case. [31] A third question was responsive to a technical argument relating to the deduction of ACC payments. It was not raised in this case, and the High Court’s conclusion did not assist Mr Crequer and does not assist XXXX. [32] It follows we must conclude that like...

5. [2021] NZEmpC 175 FDE v UWV [pdf, 241 KB]

   ...file. Mr Larsen was alerted to the issue via an automatically generated security report. He called FDE into a meeting and asked them why they had been trying to access files that they did not have access to. Rather than providing a substantive response to Mr Larsen’s question, FDE asked Mr Larsen whether he was accusing them of trading company secrets. Mr Larsen replied that he was not. Mr Larsen took no further action in relation to this matter. [12] Issues then arose about...

6. C Ltd v J Inc [2024] NZDT 105 (13 February 2024) [pdf, 146 KB]

   ...most likely to be the case. 69. It is clear that the original contractual relationship was between J Inc and the plumber. This means that J Inc was liable to pay the plumber. There is not enough evidence to support a finding that C Ltd took over responsibility for the contract with the plumber. For this reason, this part of J Inc’s counter claim cannot succeed. Loss of income and costs related to forced closure CI0301_CIV_DCDT_Order Page 8 of 9 70. J Inc says that when i...

7. [2024] NZEmpC 247 Courage & Ors v Attorney-General & Ors and EMPC 85/2022 Pilgrim & Ors v Attorney-General & Ors [pdf, 235 KB]

   ...would be contrary to the scheme and purpose of the Act, that it might undermine efficient dispute resolution, and that it may have a chilling effect on enforcing employment standards. However, it might equally be said that the Act confers certain responsibilities on the Labour Inspectorate,32 and it would be undesirable for there to be no means of ensuring those responsibilities are met.33 [40] The issues raised by the Attorney-General’s strike out applications are not stra...

8. Pihema v Ngāti Whatua of Orakei Māori Trust Board – Section 722,790,792,793 and 794 Town of Orakei Blocks IX Rangitoto Survey District (1990) 3 Taitokerau Appellate Court MB 44 (3 APWH 44) [pdf, 479 KB]

   ...Waltangi Tribunal on Orakei. I I , iv. The Lower Court did not have jurlsdlctlon under Section 437(4A) of the Maori ~:~.Act 1953 to grallt the application tendered by the Orakel Maori Trust I i v. That the Board was Incapable of being Trustee because Its responsibilities are to a wider group than the hapu claimed by the appellant to hold the mana of the [ rnarae, I 10. Mr sneppard In his reply supported each and every finding of the Lower Court and went on to demonstrate by reference to num...

9. [2025] NZREADT 23 - NW v CAC 2204 & Ors (23 June 2025) [pdf, 266 KB]

   ...third respondent, who was supervising the listing transaction, handled the situation poorly by ignoring the appellant’s concerns to stop negotiations when the appellant requested time to consider the offer. Explanation from the licensees [13] Responses (28 June 2023) from the licensees were provided to the Authority.1 The second respondent confirmed that Mrs W asked her to co-list the property with her and that the appellant was aware of this and did not express any concern in Mr...

10. [2025] NZREADT 30 – C v REAA & KT & D Ltd (30 July 2025) [pdf, 247 KB]

    ...Assessment Committee 2205 (the Committee) which decided to take no further action. The Committee found a technical breach of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules) which did not warrant a disciplinary response. [3] Mr C has appealed to the Tribunal against the dismissal of the complaint. BACKGROUND [4] The appellant (Mr C) is Mr C. The complaint concerns a residential property on Auckland’s North Shore. The second respondent...