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1. [2024] NZEmpC 153 M v Q [pdf, 179 KB]

   ...brought an application for permanent non-publication, or anonymisation, of the names of both parties. Later, M sought a takedown order in relation to the subject judgments. [6] Counsel for Q filed a memorandum stating that the respondent neither consented to nor opposed M’s application and would abide the decision of the Court. [7] Evidence was filed in support of the application, tracing the history of relevant events. M stated that in the course of the litigation, significant...

2. Randle v Accident Compensation Corporation (Costs on Appeal) [2024] NZACC 181 (14 November 2024) [pdf, 245 KB]

   ...to the review. [10] Mr Cole submits the only question for the Court is whether Mr Randle is entitled to disbursement for $650 for photocopying, travel to Dunedin and accommodation costs for one night. [11] Mr Cole submits the Corporation consents to the claim for disbursements at $650 with a receipt to be provided for the accommodation cost for $200. Discussion [12] Mr Randle is self-represented in the appeal and was successful at appeal. [13] A claim for costs on appeal by...

3. [2022] NZEnvC 049 Boonham v Kaipara District Council [pdf, 546 KB]

   ...in particular on public health and on the aquatic [1 2] [13] [14] [15] [1 6] 6 environment). The wastewater system must at all times be able to cope with the wastewater produced by those connected to it. It appears that all resource consents must have regard to the various assessment criteria. It is arguable that on the current wording the Council could reach the conclusion that the subdivision or development may be permitted even though sufficient wastewater capaci...

4. [2024] NZIACDT 23 - FM v Yang (03 September 2024) [pdf, 263 KB]

   ...with the complainant’s work visa application, in breach of cl 2(e). 11. Failing to disclose in writing to the complainant a potential or actual conflict, namely a possible financial benefit, in breach of cl 5. 12. Failing to obtain written consent from the complainant, as to a potential or actual conflict of interest, in breach of cl 6. 13. Failing to remain objective or maintain a relationship of confidence with the complainant, in breach of cl 7. 14. Failing to provide evide...

5. Auckland Standards Committee v Garrett [2011] NZLCDT 29 [pdf, 87 KB]

   ...error, he or she cannot perpetuate it, and must instead bring it to the Court’s attention.” [21] There is a further quote from Professor Dal Pont concerning half-truths which we wish to emphasise:2 “Half-truths [17.115] Lawyers must eschew statements or conduct that are half-truths, or otherwise leave the Court with an incorrect impression. The observations of the Chief Justice in re: Thom are instructive in this context. 3 “It is perhaps easy by casuistical reasoning...

6. Bedford v Luton LCRO 72 / 2009 (29 June 2009) [pdf, 24 KB]

   ...the Share transfers for all [H] companies. Ms Luton states that she faxed copies of signed share transfers in respect of the four companies subject to the refinancing to Mr Bedford on 19 November 2008. Mr Bedford did not take issue with that statement. It appears that settlement occurred on 28 November 2008. [5] On 10 January 2009 Ms H died suddenly. [6] On 21 January 2009 Mr Bedford became aware that no company transfers had been registered and brought this to the attention o...

7. Bahramitash v CAC 402 & Ritesh [2016] NZREADT 40 [pdf, 176 KB]

   ...present evidence in rebuttal. (b) The Committee’s findings and decision were not supported by the evidence, and the Committee drew erroneous conclusions. (c) The Committee gave undue weight and credence to the complainant’s and the vendor’s statements and the investigator’s report, but gave little or no weight to his statements and explanations. (d) There was no evidence for the Committee’s finding that he had made an inadequate response to the complaint. [7] The penal...

8. [2010] NZSC 218 CA780/2009 Parker v Silver Fern Farms Ltd [pdf, 32 KB]

   ...2 Employment Relations Act 2000, s 179(2). [8] Mr Parker said that after he received the Authority’s decision he engaged a lawyer and signed an application for legal aid. Apparently the lawyer prepared a basic statement of claim. On 5 December 2008, the day on which time expired, Mr Parker contacted the lay advocate who had acted for him at the hearing before the Authority and provided her with the filing fee for the challenge. She contacted the l

9. [2019] NZEmpC 15 Downer NZ Ltd v Livingstone [pdf, 226 KB]

   ...for a very small sum, the determination has wider ramifications for past and future dealings with other employees where calculation of payment of salary for broken monthly periods is involved. Pleadings [7] Downer has applied to amend the statement of claim. This amendment adds a head of relief or remedy as follows: A declaration that it was an implied term of the employment agreement between the plaintiff and the defendant that the defendant’s hours of work were...

10. TD v Q Ltd [2024] NZDT 761 (31 October 2024) [pdf, 202 KB]

    ...registered owner of the vehicle. It went on to say: Under New Zealand law the registered owner of the vehicle at the time of the breach of the parking is responsible and liable as per the NZ Transport Authority. As will be discussed more fully, this statement is incorrect and misleading. TD says the email attached a single photograph that did not provide any supporting evidence of illegal parking. She believed that the breach notice was a scam. 7. On 17 July, TD responded that...