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1. [2020] NZEmpC 37 Kang v Lee [pdf, 353 KB]

   ...Young Kang considered Mr Lee to be liable to pay the amounts owed by NZMEC was because, he says, there has been a breach of employment standards.1 Mr Young Kang’s application is based on Mr Lee being the sole director of the company, responsible for managing its business. In this application he deposed to Mr Lee being the person responsible for employing him, signing the employment agreement on behalf of the company, and supporting his application for a visa. [9] Mr Le...

2. Cooper v Hamilton Pharmacy 2011 Ltd (Pre-Trial Admissibility Ruling) [2018] NZHRRT 53 [pdf, 3.8 MB]

   ...asserted undertaking of confidentiality. In these circumstances it is submitted that paragraphs 1.5 to 1.9 inclusive of Ms Barrett's intended evidence be excluded in its current form on the grounds that it is hearsay and is prejudicial. The response by Mr Cooper [13] The submissions for Mr Cooper point out that there does not appear to be any challenge that Ms Barrett's evidence is directly relevant to the matters before the Tribunal. On the question whether the evidence is h...

3. LCRO 65/2019 PT v [Area] Standards Committee [X] [pdf, 164 KB]

   ...with a client, and perhaps created expectations about the work she had done or would do. It appeared the client may have been billed for work Ms PT had yet to complete. [21] It is relevant to note at this point that the report and Ms PT’s response satisfied the Committee there was no reason to take further action. [22] A review of those materials provides no basis on which modify or reverse the Committee’s decision in that regard. There was no complaint from the client abo...

4. Te Manutukutuku Issue 13 [pdf, 3.1 MB]

   ...claimant research has been produced and the legitimacy of the claim is well established. XMAS AT THE TRIBUNAL The Waitangi Tribunal offices will close on 20 December 1991 and re-open on 6 January 1992. Matiu Rata, Muriwhenua claimant and the person responsible for introducing into parliament the bill that became the Treaty ofWaitangi Act 1975. Since the Kaimaumau sale, Mr Rata has held talks with politicians about establishing some means to preventjilrther sales of land in the far...

5. Te Manutukutuku Issue 4 [pdf, 3 MB]

   ...the uncertainty of their situation and the tension that this was creating in their communities. Tribunal staff are looking at ways in which these concerns may be eased in future claims. This was followed by submissions from the Crown. The Crown response to historical issues began with the 1876 sale of the Maunganui and Waipoua blocks and included the presentation of papers on the subsequent non-reservation of Manuwhetai and Whangaiariki, two areas within the Maunganui block. The sub­ m...

6. [2020] NZIACDT 9 - DKD v Smith - Sanctions (13 February 2020) [pdf, 147 KB]

   ...if she had applied. However, Immigration New Zealand only issue invitations when there is no obvious flaw in the EOI. That being the case, it must follow that she had a good chance of success. In other words, Mr Smith bears a high degree of responsibility for the complainant’s failure to obtain residence. [41] Mr Smith’s conduct in receiving fees from the complainant after the expiry of the period for a valid application and neglecting to notify her at that time that he had no...

7. [2022] NZEnvC 092 Port of Tauranga Limited [pdf, 302 KB]

   ...certificate. He had also made preliminary inquiries with a recruitment consultant. It would be surprising if a man of his talents could not obtain gainful employment were he to be prohibited from practising law. We acknowledge that he is fully responsible for the support of his partner and young child. There is no further discussion in that decision of the “professional roles” that were referred to, in terms of either what Mr Gardner-Hopkins intended or what the Tribunal u...

8. LCRO 158/2020 SA v KC (27 May 2022) [pdf, 199 KB]

   ...not send a draft of his memorandum to his father for comment. (vii) Mr KC charged his father for the time spent discussing matters with Mr RB. (viii) Mr KC had increased the amount of his invoice beyond the value of time recorded. Mr KC’s response [11] After providing some background information, Mr KC responded to S’s complaints: (i) Mr KC considered that it was not appropriate, or fair, to meet Mr SA on his own. (ii) S’s complaint that Mr KC had wrongly accused him o...

9. [2021] NZEnvC 188 Hamilton City Council v Global Metal Solutions Limited [pdf, 253 KB]

   ...further report from GMS on progress towards achieving compliance. It noted that GMS had signalled it would achieve compliance by vacating the site and relocating the operation of its business. Council noted at the time of writing the memorandum, no response had been received. The response of the Court was to issue a direction on 10 June 2021. Importantly 5 for current purposes, it noted that the respondent (GMS) was to file and serve a reporting memorandum on the last worki...

10. [2021] NZEnvC 196 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 827 KB]

    ...the Environment Court, rather than the High Court, to determine the issue of stay). [17] The stay decision 18 reveals that the court's decision was significantly informed by the propositions then advanced by QLDC (notwithstanding GVL's response). 19 It records the following related findings: 18 19 [11] A significant difficulty is presented by GVL's election to res!Ze and reconfigure Lot 1. That amounts to a change to the Proposal following determinations on which...