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1. [2024] NZEmpC 6 C3 Ltd v O’Brien [pdf, 250 KB]

   ...integrity testing.6 C3 Ltd has accepted that, under the Standard, it is considered best practice that, where there are issues with a specimen’s integrity that may indicate tampering (such as the use of fake urine or other types of adulteration), to request a second sample from the employee and to send both samples to the laboratory to be analysed. (g) However, C3 Ltd elected not to include the full Standard into its D & A Policy. The D & A Policy does not require a...

2. E Ltd v FN [2023] NZDT 783 (18 December 2023) [pdf, 192 KB]

   ...arrangements he made with E Ltd. 15. E Ltd is therefore entitled to payment of full amount of the invoice of $1,167.00. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: S Simmonds Date: 18 December 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to appl...

3. [2013] NZEmpC 1 Gini v Literacy Training Ltd [pdf, 152 KB]

   ...From 27 July 2009 she also taught two classes two days’ per week at Mt Crawford Prison (Wellington). [10] In September 2009, Ms Gini was teaching prisoners budgeting skills. As part of that teaching, she took into Mt Crawford Prison KiwiSaver forms and other materials with the intention of using the forms to demonstrate to the prisoners a practical means of improving their financial literacy. Two of the prisoners wished to enrol with KiwiSaver and began filling out their forms....

4. Ratima v Sullivan - Tataraakina C Trust (2012) 15 Takitimu MB 57 (15 TKT 57) [pdf, 196 KB]

   ...the trust to significant expenditure through a process that was not transparent. [11] Mr Ratima in his affidavit raises three further issues. First he says that the trustees continued to be obstructive in providing information on the trust as requested by his solicitors. Second he says that a particular request concerns fees paid to trustees where they continue to fail to provide sufficient detail to him and his solicitor. Third he says that one of the existing trustees Yvonne...

5. LCRO 130/2018 UH v OB (12 February 2020) [pdf, 165 KB]

   ...failed to treat Mr UH with respect and courtesy. [15] Mr TD’s report is careful and thorough and it is appropriate to include here extracts from this report:7 53. The Tribunal found that the Complainant’s explanation for incomplete passport forms being filed, shifted between the written accounts and his oral evidence, but were also “inherently implausible”. In effect, the Complainant alleged that the [NA] complainants had broken into his office to obtain the incomplete forms...

6. LCRO 195/2016 AJR v BKT (29 October 2018) [pdf, 159 KB]

   ...including associates, friends and his wife. [18] Mr BKT attempted to recover the information he had inappropriately disclosed and sought assurances from the lawyers concerned. Most of the lawyers involved responded positively although Mr BKT’s request was met with resistance from some quarters. [19] Mr AJR says he had warned Mr BKT this could happen. With his longstanding concerns vindicated, and personal information apparently still at large, Mr AJR made a complaint to the...

7. NI v LNE Ltd [2020] NZDT 1316 (23 November 2020) [pdf, 117 KB]

   ...in evidence). In that case Lang J held that the IGC payments in that case could not be regarded as “outgoings” for the purposes the agreement for sale and purchase. That agreement (on the Auckland District Law Society & Real Estate Institute form) has the same provision as to “outgoings” in the SPA. I note in that case at the relevant time WXT’s IGC charging policy was the old policy where they charged the developer. Had Phoenix Holdings Trust and the other parties sought t...

8. NQ v HN [2022] NZDT 38 (6 April 2022) [pdf, 183 KB]

   ...has not shown that it is more likely that C was sold with an underlying condition that caused her to suffer a prolapse, the claim must be dismissed. Referee: Cowie Date: 6 April 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

9. SM v CT [2020] NZDT 1432 (4 August 2020) [pdf, 223 KB]

   ...CT breach the contract of sale with SM? b. What remedy is SM entitled to? Did CT breach the contract of sale with SM? 5. There is a contract between the parties for the sale and purchase of the vehicle even though the contract might not be formally in writing. 6. The Contract and Commercial Law Act 2017 (CCL) implies into all contracts for the sale of goods certain conditions and warranties as to title and quiet possession. Section 135 says: (1) In a contract of sale there...

10. D Ltd v M Ltd [2023] NZDT 731 (13 December 2023) [pdf, 221 KB]

    ...terminating yet continued using their services, that a fair and just outcome is that M Ltd pay for 50% of the amount claimed by D Ltd. M Ltd is to pay D Ltd $1,776.06. Referee: Kaho Date: 13 December 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...