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1. Auckland Standards Committee 2 v Sheat [2023] NZLCDT 50 (7 November 2023) [pdf, 108 KB]

   ...caused his home to be red-stickered. Inevitably, this has added to his stresses over recent times. [18] Mr Sheat has undertaken a Trust Account Supervisor course. This was by order of the Standards Committee. What is an appropriate penalty response? [19] Mr Sheat’s conduct in this case is well short of the worst behaviour we see. It is not in the same band as those, like Nguy,7 who misappropriate large sums from their trust accounts. In our view it is less grave than that in...

2. MZ v X Ltd [2023] NZDT 511 (16 October 2023) [pdf, 213 KB]

   ...of [ethnicity] families in New Zealand these days. She said not explaining the issue more clearly was misleading, in breach of the FTA. 9. NP from X Ltd who appeared at the Tribunal argued that this was a customer error for which X Ltd was not responsible. He pointed out that there was a notice labelled “Heads up! Check your personal details” on the booking page and he provided a copy for the Tribunal. The notice said further: Due to airline rules, it is crucial that traveller...

3. [2023] NZIACDT 29 - DT v Li (11 December 2023) [pdf, 111 KB]

   ...their future and their financial difficulties as a result of the client being unable to work, are a consequence of his unlawful status in New Zealand and not Ms Li’s failures. She is not to be blamed for the decline of the requests and was not responsible for the client’s immigration plight. [39] There is no basis to require Ms Li to pay any part of the services of the complainant’s new adviser. [40] As for an award of damages for emotional distress, the Tribunal does not do...

4. BD v F Ltd [2023] NZDT 773 (12 December 2023) [pdf, 156 KB]

   ...purchased the bike from a store in [Town 1] in 2018. The name of the company from whom he purchased the bike appears on the invoice. BD purchased the bike from CP Ltd. 13. BD said that F Ltd took over the shop from CP Ltd and therefore F Ltd is now responsible for the bike he purchased. He said when he contacted the shop, he was told that F Ltd would now be looking after CP Ltd’s customers. 14. I am not satisfied that F Ltd supplied the bike to BD. The bike was purchased from ano...

5. N Ltd v EB [2023] NZDT 469 (5 September 2023) [pdf, 239 KB]

   ...difference between the ‘normal’ retail price of the unexceptional materials that N LTD used on the job (shackle, swivel, thimble, etc) and the amount charged by N LTD, which is, in most instances, many times higher than the retail price. 30. In response, Mr M submitted that these comparisons do not take into account the nature of N LTD’s business. 31. I agree that consideration of a “reasonable price” in a CGA context must be industry specific. 32. In his emails...

6. General and Waikato Bay of Plenty Standards Committees v McGuire [2023] NZLCDT 42 (10 October 2023) [pdf, 121 KB]

   ...signal to other members of the profession that adverse consequences will follow such conduct, and thereby deter them from the same conduct, in the interests of maintaining professional standards and public confidence in the profession. [21] A firm response signals to members of the profession that failure to abide orders of disciplinary institutions will not be tolerated. Similar cases [22] Mr Collins referred to the recently decided case of Tennet.9 That case is particularly re...

7. Henderson v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 89 [pdf, 271 KB]

   ...as consistent with the applicant having suffered a significant bony injury, a finding made by Judge Spiller. [e] In terms of the evidence of degenerative changes around the pars defect, Judge Spiller noted the opinion of Mr Keddell including his response to Dr Doube. Judge Spiller discussed this matter as a relevant consideration as part of his findings:7 [66] Fifth, in February 2021, Mr Keddell, Orthopaedic Surgeon, after comprehensively reviewing Ms Henderson’s medical report...

8. [2024] NZSAAA 2 (20 September 2024) [pdf, 413 KB]

   ...account of the other. The Appellant may have made assumptions based on his understanding of the situation, but I have seen no evidence to show that the information provided by the Ministry was misleading or such that the Ministry should bear any responsibility for the Appellant’s misapprehension. [28] I therefore find that, although the Appellant may have been unaware of the rules and his obligation to notify the Ministry of the ACC income, the overpayment was not caused or cont...

9. Deputy Registrar v Teki-Clark - Tauakira No 2M No 4 (2024) 495 Aotea MB 123 (495 AOT 123) [pdf, 472 KB]

   ...utilise the G dwelling for storage and accommodation since 1985.31 [38] The Koriniti Marae Māori Reservation Trust charter was presented as evidence that the G dwelling is equitably owned by the Ngātoa whānau. The charter records that the responsibilities for the dwellings on the land remain with the respective whānau, who have associated responsibilities to uphold, manage, and care for those relevant dwellings.32 This includes the G dwelling. [39] No one else claims an inte...

10. [2025] NZEmpC 1 Byrne v Coverstaff Recruitment Group Ltd [pdf, 198 KB]

    ...At [67]–[69]. 11 At [70]–[78]. (a) Mr Byrne failed to disclose that he had begun a business activity of his own in conflict with the defendant’s business and failed to seek written consent to do so, breaching the terms on his responsibilities and avoiding conflicts of interest. (b) He failed to disclose the involvement of a friend and business associate in a competing business, breaching the term on his responsibilities. (c) He took for his own use business infor...