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1. Liufau v Lelatu [2014] NZIACDT 43 (31 March 2014) [pdf, 119 KB]

   ...have a written agreement and his conduct lacked care and diligence. [3] The Adviser did not dispute the facts, but said he had met his professional obligations. [4] The Tribunal has upheld the complaint. The Complaint [5] The Registrar filed a statement of complaint. The factual background, identified in the statement of complaint, on which the complaint is founded is: [5.1] The Complainant and her family started dealing with the Adviser in May 2010. The Complainant had been in New...

2. FU v KT & G Ltd [2023] NZDT 431 (5 September 2023) [pdf, 180 KB]

   ...of acceptable quality (s 6). The meaning of acceptable quality includes being reasonably durable, free from minor defects and fit for all purposes the goods are commonly supplied for (s 7). 10. FU described the oil leak and smoke in his written statement. He presented a text message in which he told KT that the Turbo and water pumps need fixing, and his written statement also refers to a garage telling him that a new engine was needed. At the hearing he said that the car could not be...

3. [2022] NZEmpC 43 Stenhouse v Towman Towing Group Ltd [pdf, 222 KB]

   ...The company did not dispute denying her access or explain why it was denied. Instead, the company concentrated on a different and irrelevant matter which was an unfounded allegation that Ms Stenhouse was not entitled to be paid for the hours she claimed while not having access to the company’s systems.12 [17] Stepping back to look at the litigation overall, Ms Stenhouse was the successful party. [18] Mr Cahill’s submissions relied on Ms Stenhouse’s rejection of a settleme...

4. [2019] NZEmpC 92 Samuels v Employment Relations Authority [pdf, 167 KB]

   ...series of unfortunate procedural failings and delays. [2] Counsel assisting the Court has sought an unless order. The application proceeds against the following backdrop: • A failure to file and serve a court-directed second amended statement of claim on time, which resulted in a hearing date being lost; • a failure to file and serve an affidavit confirming service on time; • a failure to file a record of proceedings on time; • a failure to file a marked-up co...

5. Juneja v Kumar [2015] NZIACDT 70 (29 May 2015) [pdf, 92 KB]

   ...response to the allegations. Accordingly, the Tribunal has evaluated the facts against Mr Kumar’s professional duties and upheld his client’s complaint as Mr Kumar failed to meet his professional obligations. The complaint [3] The Registrar’s statement of complaint put forward the following background as the basis for the complaint: [3.1] The complainant engaged Mr Kumar to assist with a work visa application, in October 2013. The complainant dealt mainly with an unlicensed pers...

6. [2006] NZEmpC CC 12/06 Bayliss Sharr & Hansen v McDonald [pdf, 85 KB]

   ...its conclusions in its determination. Nature of the proceedings [3] This matter came before the Court as a challenge to a determination of the Employment Relations Authority dated 19 July 2005 (Determination no. CA 98/05). In the original statement of claim, the plaintiff alleged that the Authority made several errors in its determination. Some were said to be errors of fact, some to be errors of law and others, by their nature, were matters of mixed fact and law. In...

7. BC & others v QK [2023] NZDT 137 (5 June 2023) [pdf, 194 KB]

   ...after viewing the caravan she purchased it. SS alleges QK misrepresented the caravan saying it had no leaks and no mould. Part way during the hearing of the claim SS alleged QK was in trade and the Consumer Guarantees Act applied to her claim. SS claims $15000.00. 2. QK strongly disputes the claim. 3. Both parties provided a significant number of documents to the Tribunal between the six hearings held over a year long period and which involved 11 hours and 35 minutes of hearing tim...

8. Regulatory Impact Statement: A New Trusts Act [pdf, 1.2 MB]

   Regulatory Impact Statement: Trust Law – Agency Disclosure statement 1 1 Regulatory Impact Statement: A New Trusts Act Agency Disclosure Statement 1. This Regulatory Impact Statement (RIS) has been prepared by the Ministry of Justice. 2. The RIS analyses the Law Commission’s recommendations to reform New Zealand trust law. Trust law in New Zealand is important to individuals and businesses, and is a core component of the legal infrastructure and economy. 3. The Law Commi...

9. Heng v Walshaw [pdf, 550 KB]

   CLAIM NO: 00734 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN JOHN MONTGOMERY HENG AND ANNE ELIZABETH HENG Claimants AND CHRISTOPHER WALSHAW AND MARGARET ANNE WALSHAW First respondents (Intituling continued next page) Appearances: Scott Galloway, counsel for the claimants Chris Walshaw, for the first respondents Tim Cleary, counsel for the second respondent John Morrison, co...

10. Ruka - Rangihamama X3A and Omapere Taraire E (2007) 114 Whangarei MB 172 (114 WH 172) [pdf, 6.2 MB]

    ...Allegatiolls agaillst the trustees [15] Mr Ruka and Mr Eric Albert addressed the primary allegations against the trustees. At the hearing of the injunction application on 31 August 2006 Mr Ruka made three primary allegations. [16] First, he claimed that the trustees had failed to disclose the number of trustee meetings. Clause 23(a) of the trust order obliges the trustees to disclose in the financial statements "particulars of the number of meetings held by trustees". The...