Search Results

1. [2024] NZEmpC 109 LDJ v EZC [pdf, 249 KB]

   ...under s 149 of the Act. [4] The applicant’s position is that when they signed the settlement agreement, they did not have the requisite mental capacity to do so. It is submitted that the settlement agreement needed to comply with s 108B of the Protection of Personal and Property Rights Act 1988 (PPPR Act) because it needed to be approved by a court for it to be valid, in light of the applicant’s incapacity. The respondent’s position is that the applicant did not lack menta...

2. MfE - EiC - K S Kohere - Planning Policy (5 Feb 2021) [PDF, 254 KB]

   ...dhilum.nightingale@mfe.govt.nz peter.bevan@mfe.govt.nz mailto:rosemary.dixon@crownlaw.govt.nz mailto:dhilum.nightingale@mfe.govt.nz mailto:peter.bevan@mfe.govt.nz 1 6120787_1 SUMMARY OF EVIDENCE 1. In 2018 the Government announced its programme to restore and protect New Zealand’s freshwater which includes an objective to reverse past damage and bring New Zealand’s freshwater resources, waterways and ecosystems to a healthy state within a generation. 2. The National Po...

3. Mason v REAA [2013] NZREADT 7 [pdf, 66 KB]

   ...concerning the application must be considered, not just the previous misconduct. The onus is on the candidate to show that he or she is a fit and proper person.” [13] The decision of Interim Advance Corporation Pt Ltd v Commissioner for Consumer Protection [2008] WASAT 81 provides useful guidance on the “fit and proper person” test in the context of a refusal to grant a credit provider’s licence. The State Administrative Tribunal considered a review of a decision not to grant...

4. [2020] NZREADT 21 - Hanford (12 May 2020) [pdf, 181 KB]

   ...the Real Estate Agents Act 2008 (“the Act”). In the alternative, it charged Mr Hanford with misconduct under s 73(c)(iii) of the Act, alleging a wilful or reckless breach of r 6.3 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). [2] On 14 February 2020, the parties advised the Tribunal that Mr Hanford would plead guilty to the alternative charge under s 73(c)(iii) of the Act, and that the Committee would withdraw the charge und...

5. Prajapati v Khetarpal [2016] NZIACDT 23 (3 May 2016) [pdf, 250 KB]

   ...upheld against Ms Khetarpal, the respective circumstances of these complaints were: [1.1] In Khan v Khetarpal [2015] NZIACDT 45 (IACDT 033/14) the Tribunal upheld the complaint on the basis Ms Khetarpal lodged a defective application through lack of care and professionalism, and failed to properly advise her client in the course of that process. [1.2] In OJ v Khetarpal [2015] NZIACDT 95 (IACDT 005/14), in the course of her professional relationship with the complainant: [1.2.1] Ms Kh...

6. Tesar v REAA CAC 20004 & Ors [2014] NZREADT 18 [pdf, 54 KB]

   ...generally criticises the Committee’s reasoning for finding unsatisfactory conduct on her part. [20] The appellant presented her views confidently and assertively. She emphasised that she had inserted the original clause 18 in the contract to protect the complainant purchasers but (as we have explained above) the vendors would not accept that version and replaced it. [21] Under cross-examination, the appellant licensee insisted that she had not relied on anything which the vendors...

7. [2012] NZEmpC 220 Matsuoka v LSG Sky Chefs NZ [pdf, 130 KB]

   ...the same type categories. I have been financially I don’t know I am basically running my savings pretty rapidly down trying to just keep up. Had to tell my wife we got to pull back from financially trying to help her father who is in health care in Hawaii. My wife has been my rock she knows when I get all anxious and she will grab me and you know lets go for a walk just to keep me grounded I guess. Yea. I am definitely feeling it. [23] Mr Matsuoka also gave evidence that r...

8. [2015] NZEmpC 38 Davis v Commissioner of Police [pdf, 109 KB]

   ...That the employer's failure to meet its obligations were not given appropriate weight by the Court. (f) The Court failed to take into account various factors and overlooked significant details. (g) The Court failed to consider the Protected Disclosures Act 2000. [8] Two other grounds were raised in the supporting affidavit dated 19 December 2014. The first was what Mr Davis described as a "crippling cost decision" in which approximately $135,000 (including di...

9. Chief Registrar - Matauri X Incorporation [2005] Chief Judge's MB 276 (2005 CJ 276) [pdf, 962 KB]

   ...and s98 the power to appoint counsel and grant Special Aid is vested in the Court. The question arising is whether '1:he Court" includes the Chief Judge acting pursuant to his special powers. Counsel assisting, Mr Wilson QC, provided careful submissions on this point. Mr Wilson concluded that the Court does include the Chief Judge though he accepted that the position was not without doubt. On the basis of that conclusion, he submitted that the Chief Judge does have the pow...

10. [2016] NZEmpC 137 Bennett and Others v Michaels and Others [pdf, 179 KB]

    ...SAMSURI ZAINOL Third Plaintiff AND SEAN MICHAELS First Defendant AND CORPORATE GROUP INTERNATIONAL LIMITED Second Defendant AND CORPORATE CLEANING SERVICES LIMITED Third Defendant AND CORPORATE PROTECTION AND SECURITY INTERNATIONAL LIMITED Fourth Defendant Hearing: 23 June and 1 July 2016 (Heard at Auckland) Appearances: G Bennett, advocate and A Moghadam, counsel for plaintiffs S Michaels, (in person) and on...