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1. [2024] NZIACDT 18 – KL v Lawlor (24 May 2024) [pdf, 145 KB]

   ...Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 5 Immigration Advisers Licensing Act, s 50. 6 Section 51(1). 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 8 At [97], [101]–[102] and [112]. 6 From the adviser [27] There are no submissions from Mr Lawlor. ASSESSMENT [28] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, pro...

2. [2015] NZEmpC 98 Premier Events Group Ltd Ors v Beattie [pdf, 160 KB]

   ...separately in the submissions made to the Court. [25] In his submissions in reply, filed on 12 June 2015, Mr Eichelbaum claims, for Ms Panapa, either the sum of $123.575.76 (being 80 per cent of what counsel submits were her actual costs) or $101,949.99 (being 66 per cent of that estimate). This is said to be the equivalent of costs for 3.5 days of the hearing. [26] Quite apart from the inaptness of such submissions being made strictly in reply, these quantifications do...

3. [2022] NZEmpC 74 AlKazaz v Enterprise IT Ltd [pdf, 218 KB]

   ...[reopening determination]. 7 AlKazaz v Enterprise IT Ltd [2020] NZEmpC 171 [reopening judgment]. 8 AlKazaz v Enterprise IT Ltd [2021] NZCA 13 [CA judgment]. 9 Reopening judgment, above n 7, at [24]. 10 AlKazaz v Enterprise IT Ltd [2021] NZSC 101 [SC judgment]. The parties agree on factors to be considered [10] As both parties note, in dealing with an application for leave to extend time, the overarching consideration is the interests of justice.11 The specific factor...

4. TC & AK v BH & TH [2021] NZDT 1306 (25 March 2021) [pdf, 250 KB]

   ...multiplying the Contractor Rate by the amount of Milksolids produced (in kgMS) by the Herd under this Agreement (clause 1.1, Part 3). c) The Owner will pay the Contractor the Contractor Payment calculated using the Contractor Rate set out in Item 5 (cl. 10.1, Pt 3). d) Following termination, each party will be entitled to all payments and deferred payments actually due to that party as at the date of termination, including the Contractor Payment in relation to any unpaid milk payme...

5. Chapman v Western Bay of Plenty District Council [pdf, 364 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2008-101-000100 BETWEEN MARK LEYLAND CHAPMAN Claimant AND WESTERN BAY OF PLENTY DISTRICT COUNCIL First Respondent AND FLORA CREATIVE LIMITED Second Respondent AND BLUEPRINT DESIGN LIMITED (REMOVED) Third Respondent AND BRIAN AND ROSEMARY COUSINS (REMOVED) Fourth Respondent AND PAUL HAMILTON CLARKE Fifth Respondent AND GRAEME BLISSETT Sixth Respondent AND PETER DAWSON (REMOVED) Seventh Respondent AND GLEN...

6. Lawson v Intended Defendant (Extension of Time to Commence Proceedings) [2023] NZHRRT 20 [pdf, 198 KB]

   ...specified time periods. [4] The relevant time period for commencing the proceedings may, however, be extended under PA, s 98(8). That section provides that the Chairperson (which includes a Deputy Chairperson pursuant to the Human Rights Act 1993, s 101A) may agree to extend any time period specified for commencing proceedings if the Chairperson is satisfied that “exceptional circumstances prevented proceedings from being commenced within the specified period”. [5] The provisions...

7. Shihaku v Mizoguchi [2019] NZIACDT 24 (24 April 2019) [pdf, 169 KB]

   ...the Kashimoto complaint found the complaint to be serious, as Mr Mizoguchi had withheld funds from the Kashimotos in order to pressure them into 14 Z v Dental Complaints Assessment Committee at [97], [101]–[102] & [112]. 10 signing a false document advancing his interests.15 Nonetheless I do not regard that finding as undermining the appropriateness of the agreement reached as to sanctions. [53] Accordingly, the Tribunal formall...

8. [2009] NZEmpC AC 49/09 Norske Skog Tasman Ltd v Manufacturing and Construction Workers Union & Anor [pdf, 135 KB]

   ...(vi)). On the other, it is also to ensure that the role of the Authority and the Court, in resolving employment relationship problems, is to determine the rights and obligations of the parties rather than to fix terms and conditions of employment (s 101(d)). Further, it is to recognise that if problems in employment relationships are to be resolved promptly, expert problem-solving support, information and assistance need to be available at short notice to the parties to those relationship...

9. Martin v Real Estate Agents Authority (CAC 407) & Ors [2017] NZREADT 14 [pdf, 209 KB]

   ...apology, a fine of “at least $7,000”, and orders for payment of the appellant’s legal costs in relation to the Committee and Tribunal proceedings ($47,557.75), and the appellant’s costs in marketing and re-selling the property ($33,101.75). She submitted that the penalty imposed on the third respondent should be censure, an order for an apology, a fine of “at least $10,000” and orders for payment of the appellant’s legal costs, and marketing/re-selling costs, as...

10. Beattie v Official Assignee (Costs) [2021] NZHRRT 40 [pdf, 174 KB]

    ...The Assignee submits that taken cumulatively, these factors warrant recognition in the form of a moderate adverse costs order. Mr Beattie’s submissions on costs [10] The relevant points made by Mr Beattie in his letter dated 31 May 2021 are: [10.1] The payment demands made by the Assignee under the two deeds associated with the Beattie family trust (see the Tribunal’s decision at [15] to [30]) left Mr Beattie aggrieved not only in relation to satisfaction of the demands but also i...