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1. [2024] NZEmpC 148 Jeon v A Labour Inspector [pdf, 217 KB]

   ...there is no provision in the deed allowing one trustee to take action on behalf of all of them. That meant, he submitted, Ms Jeon could not purport to act as she had. Reliance was placed on Synergy Enterprises Ltd v Memelink.8 [19] Mr Kang’s response was that unanimity was not relevant for two reasons. The first reason was a little elusive, expressed as only being relevant when a trustee’s decision affects the trust generally as distinct from the individual liability of a tru...

2. WL v SE [2024] NZDT 160 (8 April 2024) [pdf, 207 KB]

   ...time. There was a third flatmate, Q, who was also named on the tenancy agreement. 5. During 2023 issues arose with the landlord about rent arrears in relation to the property. There was also an issue about the payment of the bond. WL mostly took responsibility for trying to resolve matters with the landlord. This involved a protracted email conversation with the landlord. CI0301_CIV_DCDT_Order Page 2 of 5 6. On 5 August 2023 SE served a notice (together with the required sup...

3. 2023-09-26-Evidence-of-John-McArthur-Flooding.PDF [PDF, 248 KB]

   ........................................................................................... 3 E. ACCEPTABLE SCALE OF FLOODING EFFECTS ....................................................... 3 F. ADEQUACY OF CONDITIONS ............................................................................... 5 G. RESPONSE TO SECTION 274 PARTY EVIDENCE .................................................... 6 H. CONDITIONS ......................................................................................

4. N Ltd v KB [2024] NZDT 101 (26 February 2024) [pdf, 140 KB]

   ...where the Consumer Guarantees Act applies, the consumer is entirely reliant on the skill and knowledge of the service provider. 40. However, in terms of the selection of a suitable mooring site I accept Mr M’s argument that there is a shared responsibility. 41. [Regional Council] administers all swing mooring sites in [Region]. [Regional Council] has the authority (and responsibility) to accept or reject new moorings. 42. A boat owner has obligations in terms of the safety o...

5. [2024] NZIACDT 18 – KL v Lawlor (24 May 2024) [pdf, 145 KB]

   ...instructions stated that the application would be declined if the principal applicant was not in New Zealand at the time the application was made. Her comments were invited. [11] On 30 July 2022, Mr Lawlor sent certain documents to Immigration NZ in response to the letter of 18 July. They concerned another matter in that letter. Mr Lawlor did not send a covering letter or email. He did not deal with the concern raised about the complainant’s absence at the time of the application....

6. [2025] NZEmpC 102 The Secretary for Education v New Zealand Post Primary Teachers' Association Incorporated Te Wehengarua [pdf, 190 KB]

   ...in section 10(7). [16] Under s 10(7) of the Education and Training Act 2020, boards of trustees of State schools are the employers. [17] Section 586 of the Education and Training Act confirms that it is the Public Service Commissioner who is responsible for negotiating collective agreements in the state education service. For those purposes, the Public Service Commissioner has the same rights, duties, and obligations under the ER Act as the Commissioner would have if the Commissi...

7. KX v XM & others [2024] NZDT 869 (6 December 2024) [pdf, 166 KB]

   ...list, further defects were identified by KX after he moved in and further issues arose over time. While he says some issues were fixed by I Ltd/L Ltd, he says that many have never been addressed and that it became increasingly difficult to get a response from either company. CI0301_CIV_DCDT_Order Page 2 of 5 5. There was brief contact between the parties around August and October 2023 when KX sent emails advising that if he receives no response or remediation plan within 7...

8. Canterbury Standards Committee v A Practitioner [2015] NZLCDT 44 [pdf, 41 KB]

   ...of receiving all of the conveyancing documentation recognised a conflict of interest between acting for D personally and in his capacity as trustee of his uncle’s estate. (b) He referred D to an independent lawyer for advice. (c) It was the responsibility of the independent lawyer, and not that of the practitioner, to advise the trustee of all the implications of entering into the mortgage transaction affecting the estate’s property. (d) The independent lawyer completed all o...

9. Firearms reform

   ...Authority, regulator of the Arms Act, to another department. Cabinet has decided that a new firearms regulator will be established and headed by an independent chief executive appointed by the Governor-General. The Chief Executive will report to the responsible Minister, with the Ministry of Justice providing oversight and monitoring of the regulator. While the regulator will continue to receive corporate services from the Police, there will be clearer separation of information held by the Po...

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10. Human v New Zealand Law Society [2014] NZLCDT 32 [pdf, 174 KB]

    ...Human for my assistance as I regard it as part of my professional obligations to my profession and to a struggling practitioner. Nevertheless, I acknowledge that any costs involved in this arrangement are between Mr Human and me and are not the responsibility of the Law Society. I understand that a copy of this letter will be filed with the Disciplinary Tribunal.” [26] We commend Mr Parmenter for being prepared to take on this responsibility. It is in the best traditions of the le...