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1. [2012] NZEmpC 187 Kilgour v Queens High School Board of Trustees [pdf, 133 KB]

   ...it could be inferred that the Board implicitly consented to an extension of time for raising a personal grievance. [33] After the bargaining opportunity grievance was raised in the statement of problem lodged on 18 August 2009, the Board’s response was in the form of a series of three statements in reply. In the first statement, the Board challenged the form in which Mr Kilgour was pursuing the issue underlying the bargaining opportunity grievance. It suggested that the claim...

2. [2013] NZEmpC 13 NZ Post Primary Teachers Assn & Gray v Cambridge High School & Secretary for Education [pdf, 174 KB]

   ...1 [2012] NZERA Wellington 130. 43. The Ministry’s position on this issue is unclear and information is outstanding to show how all of the affected teachers (who are NZPPTA members) have been affected. [6] In response, the defendants pleaded in their statement of defence: 43. They deny that information is outstanding, and say that payroll information on all affected teachers was provided to the NZPPTA on 26 October 2012. They say further that the

3. Vucich & Anor v CAC306 & Ors [2015] NZREADT 40 [pdf, 204 KB]

   ...experience in real estate agency work and the lapse of licensee 1’s obligations in respect of supervision of licensee 2 was “one off”. The Committee does not see it that way. 3.15 Licensee 1 as principal agent of the agency has an obligation and responsibilities under section 50 of the Act at all times to properly supervise and manage all salespersons carrying out real estate agency work. Licensee 1 had provided the Committee with the agency policy in relation to supervision and...

4. Horne v Anaru - Pukehina M Sec. 2A, M Section 2B No.2 and M2D Aggregated (2015) 123 Waiariki MB 40 (123 WAR 40) [pdf, 234 KB]

   ...accounts and annual general meetings are essential. Ms Horne and those supporting her expressed further concern over payments to trustees, the purchase of certain investment properties and the need for robust processes. [3] Murray Anaru, a current responsible trustee, also expressed concerns he held regarding payments to trustees, access to and the auditing of accounts, the trust’s strategic and business planning and various related matters regarding the overall transparency of t...

5. Recording Industry Association of New Zealand v Telecom NZ 3760 [2013] NZCOP 14 [pdf, 136 KB]

   ...copyright-protected work and the retail cost of licensed copies of the work. Even though the correspondence on the file suggests that the actual downloading was not done by the account holder, the 2011 Act indicates that account holders also have important responsibilities to prevent the use of their accounts for infringement of copyright through file sharing. The evidence before the Tribunal suggests that these responsibilities might have been taken more seriously. [41] In the light o...

6. Evans v CAC 10054 & Orr [2012] NZREADT 67 [pdf, 63 KB]

   ...Mr Evans on possession day. He denies hiding a boundary peg. Mr Orr also said that he had raised with Mr Ivory directly Mr Ivory's suggestion that he (Mr Orr) knew about the boundary dispute and withheld that information prior to the sale. In response, Mr Ivory denied having a “boundary dispute" with anyone. [19] Mr Orr's response is supported by the said agent Ms Jordan. Among other things, she confirms that Ms Stenzel did not mention any boundary issues to Mr Orr or...

7. Graves v CAC 20003 & Langdon [2012] NZREADT 66 [pdf, 62 KB]

   ...[25] The appellant also emphasised to us that, despite the nature of the communications between the Authority’s investigator (and staff), and the appellant, to which we refer below, he did not understand that he was being asked to state his response to the complaint in full. He says that, at all material times, he expected the Authority’s investigator to come and interview him but that did not happen so that, he maintains, he did not receive natural justice. DISCUSSION [26...

8. CAC 10073 v Cho [2013] NZREADT 93 [pdf, 141 KB]

   ...provisions of the 1976 Act applied to the transaction and can reasonably be taken to have been well known and understood throughout the real estate industry at the time. [b] The defendant was an approved salesperson under the 1976 Act. In his response to the charge the defendant stated: “I have been an Agent for 8 years and I understand the Act regarding the purchasing of property for my own benefit ...” [c] That the defendant chose not to disclose his interest in the purchase t...

9. CAC 20003 v Weldrand [2013] NZREADT 78 [pdf, 62 KB]

   ...licensee) would not drink the wine even if he was paid to because it came from the complainant. Allegedly, the licensee proceeded to tell the complainant how he had been in the English Army and threatened the complainant with physical violence. In response to questioning the complainant said “I then walked out and said I would flatten him. He then walked to his car and got in and I walked back into the office/house. He drove away.” [13] Some six months later in early 2012, the comp...

10. [2014] NZEmpC 235 Rutherford Street Kindergarten v Chilton [pdf, 119 KB]

    ...it being asserted that Ms Chilton had not been given an adequate opportunity to prove her competency under guidance. [19] On 11 July 2011, RSK wrote to Ms Chilton, discussing each of the assertions that had been made, including Ms Chilton’s responses at the disciplinary meeting, and in the NZEI letter. The RSK letter concluded by stating that allegations of serious misconduct were substantiated, that the Committee no longer had trust and confidence in Ms Chilton, and that her em...