Search Results

1. Auckland Standards Committee 1 v Chambers [2022] NZLCDT 53 (23 December 2022) [pdf, 119 KB]

   ...intentionally allowed this to occur. 6 [25] For these reasons, while appreciating the very serious concerns relating to client confidentiality which are raised by improper disposal of files, we do not consider that Mr Chambers ought to be held responsible for what happened, having regard to the extenuating circumstances in which he found himself. [26] For the above reasons, we dismissed the charge. Orders [27] The Tribunal costs are certified at $3,546, pursuant to...

2. [2022] NZREADT 13 - Seghal v REAA (22 June 2022) [pdf, 89 KB]

   ...sent to the Applicant advising him of the Registrar’s intention to cancel his licence due to non-compliance with CPD requirements. The Applicant was given 10 working days to respond. The email incorrectly noted a date of 3 December 2021 as the response date. No response was received from the Applicant. [10] On 11 January 2022, the Authority advised the Applicant by email that his licence was cancelled on the basis that he had not completed the requisite continuing education,...

3. DN v TQ [2021] NZDT 1632 (4 October 2021) [pdf, 213 KB]

   ...the necessary checks to make sure that she could continue onto [Street 1]. 10. TQ said that she did not see TQ pulling out until the time of impact. 11. TQ said that she viewed the collision as an unfortunate accident for which she wasn’t responsible. 12. I find that TQ was responsible (at least in part) for the collision when I take into account the Road User rules outlined above. The Rule provides that TQ had an express duty to make sure the road is clear. 13. Further th...

4. BSA newsletter Mar 2021 v2 [pdf, 374 KB]

   ...supporting the design and evaluation of Whariki Haumaru. Mahinarangi Hakaraia (BSA Senior te ao Māori Advisor) produced a script for the Wardens, that was shaped by both te ao Māori principles and behavioural science. Inspector Damin Ormsby, Māori Responsiveness Manager for the Eastern District, explains what he’s hoping this project will achieve: In the Hawkes Bay area, it can be difficult for Police to keep up with the number of people with active WTAs. We are hoping that pe...

5. 2024 NZPSPLA 014 pdf [pdf, 162 KB]

   ...rule of the Head Hunters is that “a member is not to give statement to or interact or give assistance to the police in any inquiry or investigation against either friend or foe”. Clearly this code of silence would directly conflict with Mr FB’s responsibilities as a security worker to assist and work cooperatively with Police. Mr FB says however that if necessary, and if asked, he would give a statement to Police and provide evidence in court. Again, I accept that at this time he...

6. Smith v Genesis Energy Limited (Strike-Out) [2023] NZHRRT 24 [pdf, 169 KB]

   ...contact details available so that pre-hearing teleconferences could be arranged. The Tribunal directed Mr Smith to supply current details of his postal address, mobile number, and email address by 4 November 2022. [7] The Tribunal received no response from Mr Smith. [8] In a Minute dated 29 November 2022, the Tribunal again noted that it appeared Mr Smith’s contact details were no longer correct. The Tribunal observed that as it had not received any further contact from Mr Smit...

7. KJ v OU Ltd [2022] NZDT 216 (16 November 2022) [pdf, 115 KB]

   ...care and skill and came lose at the time the bike damaged the back panel of his motorhome. 16. I am not satisfied that KJ has proved this aspect of his claim on the balance of probabilities. I understand why KJ believes that the tow bar must be responsible for the rack loosening. However, I am not satisfied that there is enough direct evidence for me to make that inference. There may well be some realistic competing reasons for the rack to have come lose and that aspect of KJ’s clai...

8. AM v K Ltd [2024] NZDT 138 (21 March 2024) [pdf, 204 KB]

   ...satisfied on the balance of probabilities that K Ltd has breached its contract with AM. It was more likely that K Ltd was entitled to stop AM boarding the flight on 13 July 2023. I say this because: a. Clause 3.1 states that the passenger alone is responsible for making all necessary arrangements for their travel and ensuring that they comply with all laws, regulations and orders of the places they will travel to such as: finding out from relevant embassies or consulates whether they n...

9. KL v DQ & N Ltd [2023] NZDT 505 (14 April 2023) [pdf, 199 KB]

   ...initially intend to perform the contract, it seems that he misrepresented the progress of the work in order to get the consumer to make further payments. Since those further payments totalled more than $30,000.00, I find that the consultant is personally responsible to pay compensation of $30,000.00 under FTA s 43. Conclusion 12. I have found the supplier and the consultant jointly and severally liable to pay $30,000.00 to the consumer. Under s 20(1) of the Disputes Tribunal Act 1988, t...

10. XN v C Ltd [2023] NZDT 273 (20 June 2023) [pdf, 198 KB]

    ...reasonably probable that this damage was pre-existing and not been noticed by XN prior to the purchase. b. I am satisfied after hearing from C Ltd that they have a system that is probably better than average when it comes to acknowledging and taking responsibility for breakages they might cause in a vehicle they work on. I can see no reason, in these circumstances, why any employee would be incentivised to do other than report the damage. Arguably, C Ltd could have simply accepted resp...