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1. Human v New Zealand Law Society [2022] NZLCDT 50 (22 December 2022) [pdf, 205 KB]

   ...that potential employers would generally have such a prejudicial view. Mr Human gave oral evidence that he had applied for 50 to 60 jobs but, when asked for more detail, he could only say he had telephoned one named lawyer seeking a job (not in response to an advertisement) and had spoken to another named lawyer. We have a firm impression that he has not sought employment in a determined or pragmatic manner. [12] Mr Human urged us not to read Mr Parmenter’s letters on their face...

2. [2022] NZEmpC 46 UQE v TBN [pdf, 213 KB]

   ...union had “set out TBN’s view that he was being penalised for being a union member and gave details of the financial remedy sought.”7 The Authority went on to find that SIO wrote to the union later on 10 October 2019 setting out UQE’s response to concerns about the discussion between DHD and ZUD. The Authority found that TBN was not satisfied with what UQE had to say.8 [13] TBN wrote to SIO through their lawyer (not current counsel) on 6 November 2019 stating that a pe...

3. BS Ltd v UN [2024] NZDT 164 (11 April 2024) [pdf, 166 KB]

   ...put on, thus allowing drying time for the wet timber. [Engineering consultant]’s evidence was that 5 -10 days would generally be sufficient. 22. Because the design of the building, as well as decisions about the materials to be used was HX’s responsibility under the contract, I find that any damage which arose due to the drying of the wood in situ is at HX’s risk as it was responsible to ensure engineering of the building (including for anything necessary during the build process...

4. LCRO 39/2022 RD v QL and ZH (29 November 2023) [pdf, 155 KB]

   ...total. Mr ZH [19] Ms RD’s complaint about Mr ZH was that ‘he had accessed information that he would not have had if he was from another firm’. She questioned liability for, and the quantum of, the account rendered by Mr ZH. Ms QL’s response [20] Mr TS, a director of [Law Firm C Ltd], replied to the complaint on behalf of Ms QL. He says that neither Ms RD or her company [Company A Ltd], are, or have been clients of [Law Firm C Ltd]. He says that ‘from the outset,...

5. Crozier - Succession to Molly Crozier [2023] Chief Judge's MB 531 (2023 CJ 531) [pdf, 304 KB]

   ...hearing, I was satisfied that a mistake had been made and should be corrected in Chambers to reflect what was in the Deed. [8] After that hearing the Case Manager was made aware of an email from Mark and Shona Sewell dated 20 March 2023 with their responses to the Report. It appears that this email was received by the Aotea Registry on 20 March 2023, however it was only presented to the Case Manager after the hearing was concluded. A direction was issued to serve Mark and Shona’s...

6. 2023-10-11-MTA-Rebuttal-Evidence-of-D-Rump.pdf [pdf, 268 KB]

   ...Management Act 1991 In the matter of the direct referral of applications for resource consent and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project By Waka Kotahi NZ Transport Agency PROJECT RESPONSE EVIDENCE OF DIANNE RITA RUMP ON BEHALF OF MUAŪPOKO TRIBAL AUTHORITY CULTURAL MITIGATION AND MUAŪPOKO CEDF INFORMATION Dated: 10 October 2023 Page 1 TABLE OF CONTENTS INTRODUCTION…………………�...

7. KD v N Ltd & HX [2023] NZDT 424 (3 July 2023) [pdf, 280 KB]

   ...7 b. Commercial motor stock insurance with W Ltd. 8. N Ltd had approached W Ltd to see if the motor stock insurance policy would cover the 9 uninsured bikes that were at the time with N Ltd for repairs or servicing. However, in W Ltd’s response to N Ltd they say the policy did not cover those bikes because it only covered N Ltd’s bikes and bikes they were selling on behalf of customers (as bikes being sold on behalf are considered “stock”). N Ltd were left with X Ltd’...

8. [2023] NZEmpC 117 Downer New Zealand Ltd v King [pdf, 240 KB]

   ...Downer from 3 September 2018 until 22 May 2023 as its National Programme Manager. In that capacity he was responsible for working with the company’s client, a Government department, to provide asset management and maintenance services. His responsibilities included acquiring, managing and coordinating what was described as “third-party contractors” and overseeing quality control. [5] The employment agreement between Downer and Mr King imposed contractual obligations on him...

9. Policy Framework for New Infringement Schemes [pdf, 84 KB]

   ...2. The Government seeks to ensure that infringement schemes are fair, equitable, consistent and a proportionate means of encouraging compliance with the law. By imposing a monetary penalty, an infringement offence scheme can be a proportionate response for a relatively minor breach of the law. 3. These guidelines provide a framework for the development of infringement schemes to ensure cross-government consistency and to manage the future growth of the infringement system. Wha...

10. [2025] NZEmpC 19 Postal Workers Union of Aotearoa Inc v NZ Post Ltd [pdf, 218 KB]

    ...declined. At a substantive hearing one factor will be the defendant’s statutory obligations; he noted that subject is not currently before the Supreme Court. He referred to the State-Owned Enterprises Act 1986, which includes obligations of social responsibility and to be a good employer in s 4(1)(b). The submission was that there is an expectation that a state-owned enterprise will treat employees differently from what might be expected from other companies. [28] Mr Mitchell...