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1. Duncan John Napier v The Registrar of the Real Estate Agents Authority [2017] NZREADT 64 [pdf, 245 KB]

   ...director of the Torbay companies in August 2008. 1 Torbay Holdings Ltd v Napier [2015] NZHC 2477 2 The two companies will be referred to as “the Torbay companies”. [6] Mr Napier was responsible for financial management of the rest home, dealing with all expenses, wages, PAYE returns, and GST returns. He was also responsible for keeping the Torbay companies’ primary accounts, for which he used a Mind Your Own Business...

2. Kristina-Lorraine Brook v The Real Estate Agents Authority (CAC 403) & Jason Hynes [2017] NZREADT 66 [pdf, 294 KB]

   ...[j] did not advise them they could make a complaint to the Authority. [9] Mrs Brook sought a remedy by way of compensation, cancellation of Mr Hynes’ licence, and publication of his name. [10] Mr Hynes denied Mrs Brook’s complaints. In his response to the complaints, he said that the vendors3 had not disclosed any defect in the property, and there was nothing apparent to him when he inspected the property, or when he marketed the property, that suggested that there were any def...

3. Apaapa - Te Pura No 17 Block (2010) 6 Waikato Maniapoto MB 1 (6 WMN 1) [pdf, 207 KB]

   ...mortgage and rates arrears. A sale of the block does not require a change of status application to be brought before the Court although it would require confirmation pursuant to s 152 of TTWMA. [67] As a further possibility Lance Junior could assume responsibility to repay the ANZ Bank mortgage. As a variation on that theme the applicants, Lance Junior and the ANZ Bank could agree to assign the mortgage to Lance Junior. In consideration of such an agreement, ownership of the bloc...

4. Curtin v ACC [2012] NZACA 11 [pdf, 581 KB]

   ...union. Both before and after and after those dates I was a member of the Auckland P & G Apprenticeship Committee and for two years was on the National apprenticeship Committee. These organisations were run by the Department of Labour and were responsible for the various aspects of employment and monitoring apprentices ... There are two statements in the memorandum which are incorrect. Firstly, Stephen was not due to finish his apprenticeship in 1992. It was due to finish, as has bee...

5. Waters v Alpine Energy Ltd (Discovery) [2014] NZHRRT 8 [pdf, 97 KB]

   ...time engaged in similar work or in similar positions were considered more favourably and were ultimately successful in being appointed to the two advertised positions. He adds that it is possible that in relation to one position the disappointing response to the advertisements led to the position being re-defined and re-advertised. He has sought disclosure in relation to that circumstance, if indeed he is correct in asserting that the position was re-advertised. [21] As to the Farrow J...

6. SW v Standards Committee LCRO 371/2013 (14 September 2015) [pdf, 104 KB]

   ...dismissed Mr UY and Ms VZ’s claim and awarded costs against them. [9] The judgment issued was critical of aspects of Mr SW’s conduct. [10] Mr SW wrote to the NZLS on 20 February 2013 forwarding a copy of the judgment and providing submissions in response to the Judge’s criticism. [11] Judge [AB] sent a copy of the judgment to NZLS on 19 April 2013. The own motion inquiry [12] On 30 April 2013, the Standards Committee resolved to investigate on its own motion, matters rai...

7. [2017] NZEmpC 30 Lumsden v Skycity Management Ltd [pdf, 222 KB]

   ...raised three separate concerns in three separate letters, all dated 28 September 2014. Each of these concerns was investigated by Skycity and the results were advised to Mr Lumsden on 17 October 2014. Mr Lumsden was unhappy with the company’s response and suggested that mediation might be useful. Mediation was subsequently arranged for 25 November 2014. [5] Before mediation took place an incident occurred involving a confrontation between Mr Lumsden and a customer. The custo...

8. [2016] NZEmpC 151 Carr, Labour Inspector v Sharma [pdf, 204 KB]

   ...feature. From this, it is argued that we can say readily enough what a ‘crime’ is: It is not simply anything which the legislature chooses to call a ‘crime’. It is not simply anti-social conduct which public officers are given a responsibility to suppress. It is not simply any conduct to which a legislature chooses to attach a ‘criminal’ penalty. It is conduct which, if duly shown to have taken place, will incur a formal and solemn pronouncement of the moral con...

9. Complaints Assessment Committee (CAC 403) v Licensee B [2017] NZREADT 1 [pdf, 267 KB]

   ...with Mr W on 17 September. [31] In relation to our factual findings, we found Ms A to be a credible and composed witness. She did not seek to exaggerate the defendant’s conduct as she described it, and she did not seek to minimise her own responses to some of his statements to her. In general, we have preferred Ms A’s evidence over the defendant’s. Ms A’s evidence is supported in material respects by her messages to her boyfriend. The messages were contemporaneous with...

10. [2018] NZEmpC 4 Ioan v Scott Technology NZ Ltd t/a Rocklabs [pdf, 340 KB]

    ...that the company was considering terminating his employment. A letter to that effect was given to Mr Ioan. Mr Ioan was very upset at the proposal and I have no doubt that it was a difficult meeting for both men. Overnight, Mr Ioan prepared a response to the proposal. [23] The following day, 7 October 2016, the engineering manager met with Mr Ioan at 8 am. The general manager also connected by conference call. At that meeting Mr Ioan provided his response to the proposal and...