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1. Jain v CAC 20007 & Martin [2014] NZREADT 51 [pdf, 55 KB]

   ...clients from engaging Link to conduct the sale and purchase of businesses. • To the best of his knowledge Link has never been the subject of any complaint or disciplinary action by the Tribunal or the Committee and publication would taint a flawless reputation. • The proceedings had been very stressful for him and if his name was to be published then he would suffer even more stress and anxiety because he would be easily identified in an industry where he had maintained a reputa...

2. LC v DH Ltd & QH Ltd [2021] NZDT 1667 (11 October 2021) [pdf, 115 KB]

   ...of $3,979.00 from QH? f. Is LC entitled to the costs totalling $567.77, and if so, who should pay these? Were the services provided by DH for the original work and the remedial work carried out with reasonable care and skill? 10. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 28 of the CGA provides a guarantee that where services are supplied by someone in trade to a consumer they will be provided with reasonable care and skill. 11. I find, on the balance of...

3. People charged and convicted of breach of COVID-19 restrictions offences December 2020 [xlsx, 84 KB]

   ...each year. In some instances, ethnicity information is not recorded by Police, such as when the process for charging people involves a summons. Ethnicity information is also not recorded when a charge is prosecuted by an agency other than Police, Crown Law or Corrections (e.g. Inland Revenue, Ministry of Social Development, and Ministry of Primary Industries). Age is the person's age at the offence date of their most serious offence each year. A small number of records in the Ministry of J...

4. 2017 NZSSAA 002 (30 January 2017) [pdf, 168 KB]

   ...meet the criteria of s 86(9A) must be limited.2 [34] The considerations to be taken into account in exercising the discretion include the Chief Executive’s obligations under the Public Finance Act 1989 to make only payments authorised by law, and under the State Sector Act 1988 for the economic and efficient running of the Ministry. The context of the Social Security Act 1964 and the impact of recovery on the debtor, taking into account the International Convention on Economi...

5. S v L [2017] NZIACDT 3 (4 April 2017) [pdf, 114 KB]

   ...contact the adviser were unsuccessful. [10.3] The Registrar alleges this response by the adviser was not sufficient to maintain a relationship of trust and confidence and failed to provide advice on further options regarding the applicant’s lawful status in New Zealand. The responses [11] The complainant supported the statement of complaint. However, when an oral hearing took place to resolve potential differences between the complainant’s account and that of the adviser, the...

6. [2020] NZEmpC 125 Smith v Fletcher Concrete & Infrastructure Ltd [pdf, 215 KB]

   ...Infrastructure Ltd [2020] NZERA 190 (Member Robinson). The applicable principles are well settled [3] The approach to be taken by the Court on a challenge is as set out in s 127(4) of the Employment Relations Act 2000 (the Act). It must apply the law relating to interim injunctions, having regard to the object of the Act. The object of the Act can be found in s 3, including to build productive employment relationships through the promotion of good faith in all aspects of...

7. [2020] NZEmpC 131 Surplus Brokers Ltd v Armstrong [pdf, 174 KB]

   ...the Employment Relations Authority which found that the company unjustifiably dismissed Mr Armstrong during a period of employment on a casual basis.1 The challenge was pursued on a non-de novo basis, focussing on a number of alleged errors of law and fact made by the Authority Member. In essence, the alleged errors relate to the finding that Mr Armstrong was an employee at the time of termination; that he had been unjustifiably dismissed; and that there had been deficiencies in the...

8. [2020] NZEmpC 171 Alkazaz v Enterprise IT Ltd [pdf, 243 KB]

   ...advance of the Authority’s investigation meeting, each of which was directed at these matters. [12] Each of the company’s witnesses could have been cross-examined on their evidence, including the basis for it. It may be that Mr AlKazaz, or his lawyer, did not anticipate some of the responses that came out of cross-examination, but that is not an uncommon occurrence in litigation. It would create an intolerable burden on the courts and the successful litigant if a party could...

9. [2022] NZACC 50 – Harding v ACC (24 March 2022) [pdf, 182 KB]

   ...successful as his initial injection. As such, Dr Chan did not recommend an attempt at S1 joint stabilisation. Dr Chan noted that Mr Harding’s pain was significant and recommended that he be reviewed by a multidisciplinary pain clinic. Relevant law [27] Section 20(2)(a) of the Act provides that a person has cover for a personal injury which is caused by an accident. Section 26(2) states that “personal injury” does not include personal injury caused wholly or substantially...

10. Cooper - Te Pupuri Whenua Trust o Puke Te Ao Trust (2016) 363 Aotea MB 89 (363 AOT 89) [pdf, 211 KB]

    ...M J DOOGAN Copies to: David Allen and Annie O’Connor, Buddle Findlay PO Box 2694 Wellington, david.allen@buddlefindlay.com Jason Pou, Tupono Legal Ltd, DX JP 30025 Rotorua, pou@tupono.co.nz Fleur Hobson, Susie Mills Law, PO Box 144 Waikanae, fleur@susiemills.com mailto:david.allen@buddlefindlay.com mailto:pou@tupono.co.nz mailto:fleur@susiemills.com 363 Aotea MB 90 [1] The Court has before it applications for confirmation of alienation in respect of...