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1. [2008] NZEmpC AC 52/08 Lee v Minor Developments Ltd t/a Before Six Childcare Centre [pdf, 49 KB]

   ...employment is contained in a letter written by Ms Alispahic at Mrs Lee’s request to take to WINZ to advise it of the hours she was working. That letter said that she had been offered casual employment. Mrs Lee regrets not challenging that statement as she says she was simply offered part-time work for three days a week, 8.00am to 3.30pm. [14] I conclude that Ms Alispahic intended to employ Mrs Lee as a casual worker as she had done with two others earlier that year. I also fi...

2. [2013] NZEmpC 42 New Zealand Merchant Service Guild IUOW Inc v Holcim (NZ) Ltd [pdf, 126 KB]

   ...plaintiff’s application. The plaintiff has challenged de novo the whole of that determination. 1 [2011] NZERA Wellington 165. [3] The Authority determined the matter on the basis of an agreed statement of facts. In this Court the agreed statement was supplemented by oral evidence given on behalf of the plaintiff by Mr John Robert McLeod, a former long serving General Secretary of the plaintiff. [4] The collective agreemen...

3. Milne - Te Kainga O Takenui Whānau Trust (2015) 104 Taitokerau MB 28 (104 TTK 28) [pdf, 201 KB]

   ...therefore adjourned the application with the following directions: 7 The application is adjourned to February 2014 for the trustees to hold a general meeting of beneficiaries to address: 1. The performance of the trust 2. Trusteeship 3. Financial statements 6 72 Taitokerau MB 284 (72 TTK 284). 7 Ibid. 104 Taitokerau MB 34 [23] The second hearing took place on 18 February 2014. 8 In advance of the hearing, variou...

4. Auckland Standards Committee v Witehira [2012] NZLCDT 5 [pdf, 107 KB]

   ...by Mr Witehira. [9] By letter dated 23 November 2010, [suppressed] raised with the Lawyers’ Complaints Service allegations of misappropriation of client funds by Mr Witehira. [Suppressed] had become aware, as a consequence of seeing a bank statement for “Far North Law - Office Development Account”, that the client funds noted above had been deposited to that account. Investigation of trust records by [suppressed] confirmed the circumstances relating to the taking of funds a...

5. Jacobsen v Zhou [2015] NZHRRT 38 [pdf, 71 KB]

   ...Law in New Zealand (Brookers, Wellington, 2006) at [2.6.3], Right 4 of the Code deals with standard of care. But there is no legal duty to provide services: Right 4 of the Code deals with standard of care. Four of the provisions begin with the statement, “Every consumer has the right to have services provided”. There is, however, no legal duty to provide services, since the parameters of the Code are confined to quality of care, and do not support a right to access care in the fir...

6. Perigo v Patel - Waerea me Winiata Whanau Trust [2011] Māori Appellate Court MB 41 (2011 APPEAL 41) [pdf, 186 KB]

   ...of relate to orders made in 1995 at 54 Aotea MB 148 -149. Specifically the appellant complains about constituting the whanau trust over 2011 Maori Appellate Court MB 49 the Maori land interests of Mr John Jellicoe Waerea whom she claims never agreed to their inclusion. [9] She also challenges the outcome of the section 45 review of the 1995 orders conducted by His Honour Judge Spencer, confirmed by order of the then Deputy Chief Judge under s44(1) of the Act at CJ...

7. LS v TD LCRO 298/2012 Penalty decision (23 February 2015) [pdf, 68 KB]

   ...recognise that the major impact of Mr TD’s conduct has been on Mrs LS. In the circumstances, I consider a fine of $1,500 to be an appropriate fine to impose. Compensation [36] Mr JW submits:28 …it is difficult to fathom her [Mrs LS’s] claim of loss. We struggle to find any discernable cost to Mrs LS either financially or emotionally. Although she was not a trustee, Mrs LS was fully engaged in all matters regarding the [Trust name]. In all respects Mrs LS was treated as a tr...

8. Real Estate Agents Authority (CAC 403) v Drever [2016] NZREADT 72 [pdf, 131 KB]

   ...[17] Ms Paterson for the Committee first noted that Mr Drever was originally charged in respect of the three complaints in January 2015. He denied all particulars of the charge during the investigation, in his response to the charge, and in his statement of evidence provided to the Tribunal in July 2016. He admitted the amended charge on the morning the hearing was to begin, after counsel for the Committee was given leave to withdraw certain particulars. [18] Ms Paterson submitted...

9. FBN v Broadway [2019] NZIACDT 70 (7 October 2019) [pdf, 136 KB]

   ...is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ in cogency, depending on the gravity of the charges.8 [38] The Tribunal has received from the Registrar the statement of complaint, dated 11 May 2018, with supporting documents. [39] On behalf of Ms Broadway, there is a statement of reply from Mr Laurent, dated 23 May 2018, together with a memorandum from him, dated 30 May 2018. Ms Broadway admi...

10. LT v SH [2019] NZIACDT 57 (7 August 2019) [pdf, 174 KB]

    ...probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ in cogency, depending on the gravity of the charges.9 [39] The Registrar has provided a statement of complaint, dated 13 December 2017, with supporting documents. [40] The complainant has provided no submissions or other documents. [41] There is a statement of reply, dated 11 January 2018, from Mr Moses on behalf of [the advis...