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1. [2023] NZREADT 27 – Sharma v CAC 1901 & Brake (3 October 2023) [pdf, 122 KB]

   ...2023), notes that the sole issue for the Tribunal is to determine whether the Committee’s penalty orders for Ms Brake’s unsatisfactory conduct were appropriate. The Authority’s position is that the orders were appropriate and a proportionate response to the unsatisfactory conduct. The orders decision should therefore be upheld. [26] An appeal against penalty orders is one against the exercise of a discretion rather than a general appeal. The grounds of appeal are therefor...

2. [2023] NZIACDT 20 - II v Sun - Sanctions (21 June 2023) [pdf, 132 KB]

   ...complainant’s wife with a profit of $21,000 and she did not repay the vendor finance of $195,000 which was waived. [21] It is submitted that any immigration application has the risk of being declined. As an immigration adviser, he was not responsible for the client’s depression. [22] Mr Sun admits that his name and licence number were omitted from the client agreement, but he disagrees with the allegations of incapacity and of dishonest or misleading conduct. The facts pro...

3. Howard v Accident Compensation Corporation (Interpretation of decision) [2024] NZACC 41 [pdf, 239 KB]

   ...implemented. Ms Howard also contended it was unfair for the Corporation not to have made weekly compensation entitlements and that no notice of review rights had been given. [17] Also, in October 2021, Ms Howard sought review of the Corporation’s response of 14 September 2021 as being a reviewable decision. Ms Howard sought payment for the full period of suspension and contended that the sum paid as an ex gratia settlement was amenable to review. [18] On 21 March 2022, the Rev...

4. [2024] NZEnvC 126 Smith v Central Otago District Council [pdf, 1.8 MB]

   ...required Development and Financial Contributions have not been JEM-285978-280-121-V2:JEM paid, pursuant to section 208 of the Local Government Act 2002 and Section 15.5.1 of the Operative District Plan. Access 10. It is the consent holder’s responsibility to obtain all necessary Temporary Traffic Management Plans, Corridor Access Requests or any other approvals to undertake works within the road reserve. These approvals should be obtained prior to the works commencing. Rural Develop...

5. [2024] NZIACDT 08 - MT v Murthy (21 February 2024) [pdf, 127 KB]

   ...appropriate to direct the refund of half the fee paid, the sum of $1,438. [43] As for the compensation sought, it would not be reasonable to order Ms Murthy to reimburse any of it (beyond the partial refund). As noted already, she was not primarily responsible for the decline of the application. Her failure made a minor contribution to the decline only. The consequential financial burden and stresses on the complainant were not caused by any of Ms Murthy’s wrongdoing upheld by...

6. [2024] NZREADT 03 - KN v REAA (21 February 2024) [pdf, 163 KB]

   ...submitted that there was insufficient evidence to prove that the way in which the property was advertised was in breach of rr 6.4 or 10.7 of the Rules. It was submitted that even if the advertising was incorrect, it would not justify a disciplinary response. [36] The Registrar referred to the Tribunal’s decision in Vosper, where it was established that when a breach of a rule is sufficiently minor, disciplinary sanctions may be inappropriate.9 The Registrar submits that this sit...

7. NH & RL v A Ltd [2024] NZDT 873 (15 November 2024) [pdf, 174 KB]

   ...$13,144.61. 15. NH and RL gave detailed evidence, some of which I have set out in broad terms above. Specifically with respect to the counterclaim made their evidence can be broadly added to as follows: (a) They did not believe that they should be responsible for the additional advertising costs. (b) They were not specifically “aware” of the amount of $1,386.51 with respect to the electrical variations. (c) The carpet and the vinyl was brand new and therefore they did not...

8. NE v Accident Compensation Corporation (Claims Process) [2025] NZACC 023 (4 February 2025) [pdf, 175 KB]

   ...confusion, and free up availability immediately for other claimants reviews, while the transfers occurs, I request the adjournments. [7] On 12 December 2022, the Corporation responded to the appellant in a letter, copied to Fairway, advising that responsibility for management of the reviews rested with the Reviewer and therefore the Corporation could not grant the request. [8] On 12 December 2022, the appellant responded to the Corporation, advising, inter alia: ... As ACC has ref...

9. [2025] NZEmpC 64 Sharma v Rodney Farm 'N' Machinery Ltd [pdf, 216 KB]

   ...amount that The Warehouse boots would have cost, but there is no indication in the documentary evidence of that being communicated to Mr Sharma. [20] Rodney Farm did not follow up on the issue, which it should have done as ultimately it is the responsibility of an employer to ensure that its employees have adequate safety equipment.8 [21] Accordingly, I accept that Mr Sharma was disadvantaged unjustifiably by the failure of Rodney Farm to follow through on the request for safety boo...

10. Wharewera - Succession to Ani Maaka or Annie Maaka [2024] Chief Judge's MB 1299 (2024 CJ 1299) [pdf, 460 KB]

    ...order, including amending and/or cancelling those referred to in Schedule 1. Ko te hātepe ture o te tono nei Procedural history [5] The Registrar’s Report was distributed to parties on 21 and 23 February 2024 and parties were notified that responses should be filed in writing by 24 March 2024. [6] On 25 March 2024 written responses to the Registrar’s Report were received from Sandra Popoia Maaka-Ham who accepted that an error had been made but wanted to note that the erro...