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1. CAC 20003 v Fourie [2014]NZREADT 71 [pdf, 63 KB]

   ...that I say with some considerable confidence that I will never repeat. 27. This was an isolated incident to which I pleaded guilty to and for which I'm deeply remorseful. I have always been and maintain that I am upright in my attitudes and responses to the laws of New Zealand. 28. This was simply at a time of extreme personal stress which circumstances I am confident will never be replicated ever again". 4 [13] Mr Waymouth had the licensee give some additional...

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

   ...discussion, the appellants decided not to make the contract subject to a builder’s report or receipt of a LIM. [5] The licensee is also said to have had the appellants initial clause 6.2(5) of the offer document to highlight that it is the vendor’s responsibility to provide a code of 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...

3. [2015] NZEmpC 90 Talbot v Air New Zealand Ltd [pdf, 250 KB]

   ...potential personal grievance and that further information that might come out of either the meeting between Dr Harrison and Air New Zealand “or otherwise”. It is correct, as the plaintiff points out, that Mr Gilmore did not provide a substantive response to the letter or seek to correct any misunderstanding as to what had come out of the 9 February meeting, but I do not think that anything can be made of this in the circumstances. Rather, I consider it to be telling that Mr Ta...

4. Baigent v ACC [2014] NZACA 10 [pdf, 55 KB]

   ...Davis asked whether the hourly rates were acceptable and whether Mr Baigent wished to review only the hourly rate for the historic period? If not, then he asked Mr Miller to tell ACC what the period was. [8] On 15 June 2006, before Mr Miller’s response was received, ACC paid Mr Baigent $455,092.00 for backdated attendant care, based upon the ordinary care rate rather than the registered nursing rate. I do not have a copy of the decision letter nor any evidence of the ongoing negotia...

5. Reid v ACC [2015] NZACA 11 [pdf, 65 KB]

   ...him, but he can now do this for her in view of her age (the kitchen is now modified for his use). He washes himself largely by hand, with some assistance from his mother for washing and drying his lower leg which suffers infections. She is also responsible for setting up the shower beforehand and cleaning it afterwards. [13] While Mr Reid could not do any housework, he was able to organise, clean and repair things salvaged from demolished buildings. He described this to me as his rec...

6. Tioro v McCallum - Estate of Ngapiki Waaka Hakaraia [2015] Māori Appellate Court MB 483 (2015 APPEAL 483) [pdf, 228 KB]

   ...exhaustively those who might have standing to be heard. Reasonable steps must be taken to serve all interested parties, unless the rights or interests affected are speculative or insignificant. An interested party includes those whose public responsibilities are implicated, such as a public official or body administering a statutory scheme. In Waitemata Health v Attorney- General, a review tribunal erred by failing to notify the Director of Mental Health of the right of appearance...

7. [2011] NZEmpC 172 [pdf, 118 KB]

   ...Mr Grant‟s counsel agreed on his behalf to the extension, Mr Grant himself did not do so. [8] Although not entirely clear, it appears that counsel for Mr Grant wrote to the Authority proposing the extension of time. The Authority Member‟s response was that if this course was agreed to by the Vice-Chancellor, the Authority would vary the period by extending it. The written agreement of the Vice-Chancellor was subsequently received. There was, therefore, a conditional written...

8. Vining Realty Group Limited v The Real Estate Agents Authority (CAC 408) [2017] NZREADT 57 [pdf, 209 KB]

   ...withdrawal of all marketing material, and generation of an invoice for marketing costs up to the withdrawal. [28] We note that Mr Vining appeared to be uncertain as to whether a reason for a withdrawal was required, as in cross-examination and in response to questions from the Tribunal, he said that it was possible that a withdrawal could be loaded on to the PS system without a reason for it being given, and there was no check in the system that ensured that a reason is given...

9. Harland v ACC [2012] NZACA 2 [pdf, 62 KB]

   ...of the applicant’s age specific needs. [49] As Mr McBride pointed out, Ms Andrews assessed the applicant as needing 50 hours per week extra care, but this was in the context of legislation that provides for a discount for family based care responsibilities, and unlike an s 80(3) assessment, does not recognise indirect, overnight supervision needs to ensure safety. [50] Mr McBride then referred me to the applicable test in respect of s 80(3), as interpreted by the Court of A...

10. [2018] NZEmpC 25 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 378 KB]

    ...teach between 2010 – 2015 (inclusive) form part of this category. Documents sought to be disclosed cover course outlines, materials, weekly worksheets, power-point lecture slides, set course work for assessment, examination papers, student responses, and any report to a faculty examination board. [51] There are pleadings in Dr Sawyer’s statement of claim alleging some university records about her teaching are inaccurate. Specifically she has pleaded that the Vice-Chancellor f...