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1. Zhong v Auckland Council [2011] NZWHT Auckland 32 [pdf, 264 KB]

   ...She submitted however that she did not breach that duty and that in order to prove any breach occurred the claimants would need to prove that: she operated outside her scope of approval; the company policies, processes and systems were flawed and that she could not reasonably rely on them; the competence of her staff were such that she could not rely on their judgment; the audits highlighted deficiencies that she chose to ignore; or

2. [2007] NZEmpC AC 8B/07 Blaker v B & D Doors (NZ) Ltd [pdf, 142 KB]

   ...circumstances at the time the dismissal occurred, a conclusion different from that of the employer may be a proper outcome. [5] The procedures adopted and actions taken by the employer are also to be objectively judged although, as the common law authorities make it clear, the circumstances and resources of the employer’s business may influence the nature and extent of the investigations undertaken (para [138] Hudson). [6] In the Chief Executive of Unitec Institute o...

3. [2021] NZREADT 10 - Baker (9 March 2021) [pdf, 399 KB]

   ...skill, care, competence, and diligence at all times when carrying out real estate agency work. 9.1 A licensee must act in the best interests of a client and act in accordance with the client’s instructions unless to do so would be contrary to law. 6.4 A licensee must not mislead a customer or client, nor provide false information, nor withhold information that should by law or in fairness be provided to a customer. 9.4 A licensee must not mislead customers as to the price expect...

4. O'Connell & Anor v Auckland Council & Ors [2013] NZWHT Auckland 7 [pdf, 294 KB]

   ...building their home in a manner that did not comply with the Building Code and by failing to manage and supervise the subcontractors with reasonable skill and care to ensure the construction of the home complied with the Building Code. [100] The law is well established; a builder owes a duty of care for work undertaken by him even if that work was undertaken on a labour-only contract.8 Mr French accepted that he built the O’Connells house to the extent that he undertook the...

5. Clearwater Cove Apartments Body Corporate 170989 v Auckland Council [2011] NZWHT Auckland 39 [pdf, 389 KB]

   ...unconditionally to purchase this unit for $380,000. The purchase was settled by WHH on 16 December 2003 and registered the transfer on 16 February 2004. Prior to settlement, on 19 November 2003 a s36 certificate was sent to the purchaser‘s lawyer which stated: ―Disclosure: please refer to the minutes of annual general meeting held on 4 August 2003‖. Units 11, 13, 14 and 15 [124] The vendors of units 11M, 13O, 14P and 15Q were absentee owners living overseas. The...

6. Cao v Tony Tay and Associates Ltd (in liq) [2010] NZWHT Auckland 26 [pdf, 270 KB]

   ...detected on a visual inspection even Mr Newth‟s own expert said that these issues were not considered as seriously in 2003 as they are now. [118] For similar reasons I do not accept Mr Newth‟s submissions that Mr Feng, the claimants‟ lawyer, was negligent in failing to advise Ms Tao and Mr Cao of the risk of leaky homes and to obtain a pre- purchase inspection report. Counsel for Mr Newth relies on Justice Venning‟s comments in Byron Avenue.17 In that case Justice

7. Reconviction & reimprisonment rates for released prisoners [pdf, 197 KB]

   ...information presented for prison inmates needed to be treated with some caution. Given that there is considerable interest in the extent to which released prisoners reoffend, alternative data were obtained from the Custody Supervision Subsystem of the Law Enforcement System on all people released from prison in the period 1995 to 1998. This data does not have the limitations discussed above as the basis for the data is the actual release date from prison for each inmate. Both criminal...

8. [2011] NZEmpC 27 C v Air Nelson [pdf, 229 KB]

   ...decision to dismiss is one which a fair and reasonable employer would have taken in all the circumstances (including the facts as reasonably found by the employer on the basis of a full and fair inquiry). 16. That this is a correct statement of the law is established by an analysis of the relevant cases, including those which preceded s103A but which contain the expressions of principle encapsulated by the section. [48] Mr Toogood relied, in support of his submission, upon Airli...

9. ENVC Hearing 6Oct14 AC evidence chief Stephen Brown [pdf, 8.9 MB]

   ...Island, in the Hauraki Gulf (ENV-2013-AKL-000174) STATEMENT OF EVIDENCE OF STEPHEN KENNETH BROWN (VISUAL / LANDSCAPE EFFECTS) ON BEHALF OF AUCKLAND COUNCIL Dated 10 June 2014 BROOKFIELDS LAWYERS M J Dickey / M C Allan Telephone No. 09 379 9350 Fax No. 09 379 3224 P O Box 240 DX CP24134 AUCKLAND 31548730:629148 INTRODUCTION 1. My name is Stephen Kenneth Brown. I am giving evidence in these proceedings on...

10. [2015] NZEmpC 198 Ritchies Transport Holdings Limited v Merennage [pdf, 297 KB]

    ...focussed on the actions of Mr Merennage’s employer, based on the information reasonably available to it at the time; whether it followed an appropriate process and whether it was justified in dismissing him according to applicable employment laws. [4] Various issues were raised by Ritchies in support of its challenge. While I deal with each of those issues, resolution of the challenge primarily boils down to a finding that the decision to dismiss was unjustified because of a f...