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1. [2013] NZEmpC 117 Morgan v Whanganui College Board of Trustees [pdf, 163 KB]

   ...wished to end his teaching career as a person dismissed for serious misconduct or whether he would prefer to tender his resignation. Mr Robinson will say that when he asked whether compensation would be available for Mr Morgan, Mr Unsworth’s response was that there would be no severance pay because people who are dismissed for serious misconduct cannot expect anything other than their legal entitlements. [15] The statement of agreed relevant facts continues that after this teleph...

2. Koning v Smith - Matapihi 1A 3D 4C 1 Block (2011) 18 Waikato Maniapoto MB 220 (18 WMN 220) [pdf, 209 KB]

   ...John Peter Koning v Robert Smith and Caryl Josephine Smith – Matapihi 1A 3D 4C 1 Block (2008) 98 Tauranga MB 48 (98 T 48) 18 Waikato Maniapoto MB 224 Case for the Respondents [21] Throughout these proceedings Mr Smith has been primarily responsible for the conduct of the respondents’ case. In the early part of the interlocutory skirmishing, Mr Smith had an agent Mr Carlyle assisting him. From the statements of defence, various items of correspondence Mr Smith wrote to M...

3. CAC 20006 v Wallace [2013] NZREADT 46 [pdf, 73 KB]

   ...Kern, he was in no position to give the representation and assurance which he did that the property had no leak issues. [78] It also seems to us that, against the background of the question put to the defendant by Mrs Kern at the open homes, his response was very reckless. It should have been obvious to him that there was a weathertightness risk simply from the nature of construction of the home and the materials used. There was also his viewing of the state of the property in Januar...

4. Miller v REAA & Robinson [2013] NZREADT 14 [pdf, 84 KB]

   ...been notified in any way that its agency regarding the Tirohanga Rd property had been terminated. [21] The appellant congratulated the licensee on the sale and asked if Harcourts would be charging the vendors commission also. When there was no response to that, the appellant lodged a complaint with the Authority on 5 April 2012. [22] There followed a number of communications between the appellant and the licensee involving commission disputes over various properties and, in parti...

5. Lloyd v CAC 10056 & Davies [2012] NZREADT 27 [pdf, 149 KB]

   ...misled by him. She seemed to understand that there was quite some extra value in the precision tools in the garage. [51] Inter alia, it was put to her by Mr Grindle that she must feel duped because she was beaten by a young female lawyer. Her response seemed to be that she was beaten by “overall collusion” and that her offer was “far too low based on the advice of the appellant”. She feels she was out manoeuvred by insider trading. The Evidence of Mr Tony Hillyear [...

6. Russell v CAC 10012 & Long [2012] NZREADT 16 [pdf, 153 KB]

   ...Disciplinary Sub Committees were conducted on a vicarious basis based on the concept of "effective control". Although a complaint about a breach of the Rules could be made against an approved salesperson or branch manager under rule 16.2, the responsible party, against whom orders could be made was the licensee who was in effective control of the salesperson or branch manager. [43] This was made clear by rule 16.22 which relevantly provided as follows: "Where the RDS (Re...

7. CAC 10026 v Dodd [2011] NZREADT 1 [pdf, 184 KB]

   ...mortgage to take advantage of the lower interest rates. He said that the majority of the money was obtained for the benefit of the complainant and himself and not for any personal liabilities of his as suggested by the complainant in her evidence. Response to Charges [46] The defendant referred to the five particulars set out in the charge (a), (b), (c), (d) and (e) and his evidence was that he denied particulars (a), (b) and (c) but admitted the particulars (d) and (e). With refer...

8. Martin - Lot 2 Deposited Plan South Auckland 26130 (2013) 59 Waikato-Maniapoto MB 154 (59 WMN 154) [pdf, 135 KB]

   ...records on the transfer that it is “SUBJECT TO: Court Order H.477568.” The Court order referred to is the order determining the block as Māori freehold land. [69] When preparing a memorandum of transfer (pre-electronic transactions) it was the responsibility of the solicitor acting for the purchasers to prepare the transfer. Indeed the transfer reflects that is the case as the name of the applicants’ solicitors appears on the transfer. Thus in preparing that transfer the app...

9. Implementation for Drivers of Crime investment package for alcohol and other drug assessments and interventions [pdf, 221 KB]

   ...preferred model will be aligned with the recommendations arising from the Prime Minister’s Youth Mental Health Project being coordinated by the Department of Prime Minister and Cabinet, and will be based on the following features: a) interesting and responsive to young people and families b) effective and equipped to respond to the developmental needs of youth c) culturally appropriate d) capable of managing co-existing AOD and mental health problems (including risk of suicide) e...

10. Parohinog v Yellow Pages Group Ltd (Strike-Out Application No 2) [2015] NZHRRT 14 [pdf, 91 KB]

    ...Pages under the Human Rights Act. Asked four times during the hearing on 9 April 2015 to explain the relevance of those proceedings to her case against Yellow Pages, Ms Parohinog was able to offer only rambling, disjointed, illogical and incoherent responses. We are in no doubt her evidence at any substantive hearing will be little improved. [35.5] Nowhere in the statement of claim, in her statement of evidence or in the other documents filed by Ms Parohinog can we find any foundation...