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1. CI v MT [2023] NZDT 514 (25 October 2023) [pdf, 211 KB]

   ...fees for the studio. Invoice #1038. MT questioned this invoice and declined to pay the Council fees on the basis that she had paid the Council directly. When J Design approached Council for a refund based on a duplicate payment the Council informed her that there was only one payment made. MT was asked for evidence of her payment to Council. On 20 September, five months after being invoiced, she corrected the claim that she had paid Council and paid the invoice in full on 27 Sept...

2. [2008] NZEmpC CC 9/08 Coffey v The Christchurch Press, a division of Fairfax NZ Ltd [pdf, 70 KB]

   ...Coffey, O’Connell (Mr Coffey’s representative), and Thompson and Ms Webby. The notes recorded Mr Thompson saying that Mr Coffey had to show Mr Lammers respect. [12] Following that meeting Mr Thompson wrote to Mr Coffey on 13 December 2006 requesting his attendance at a disciplinary meeting to discuss a number of concerns about Mr Coffey’s alleged poor performance, attitude and behaviour over the past 2 months. It cited a particular incident on 1 November 2006 in which, du...

3. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

   ...made clear to counsel during those attempts that a key issue for the Director was public accountability through a declaration in the Tribunal naming the defendant. The current Director was not a party to those early discussions and despite ongoing requests for a settlement, she elected to pursue a public remedy. Ultimately, the fact that the defendant consented to a declaration of breach of the Code and the fact that costs were also settled, underlines the sincerity of the defendant’s...

4. [2012] NZEmpC 140 French v Accident Compensation Corporation [pdf, 133 KB]

   ...opposed application for adjournment by the plaintiff. At the outset of the hearing, however, counsel for the plaintiff advised the Court that no adjournment was being sought. Ultimately, I granted an adjournment after counsel for the defendant requested that I do so, and following extensive argument. I then indicated that costs in relation to the hearing should be resolved immediately and invited counsel to be heard. However, counsel for the plaintiff requested the opportunity to...

5. [2023] NZEmpC 35 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 249 KB]

   ...claim that its agreements have the same effect as the plaintiffs allege theirs have. To respond to the MERAS claim fairly, the defendant would need that claim to be properly pleaded, with disclosure provided and evidence presented. [11] Counsel requested that the MERAS application be considered in light of these submissions. Subsequent representations on these issues [12] Mr Mitchell KC, counsel for MERAS, then filed a memorandum stating that as it was not seeking any order from...

6. T Ltd v O Inc [2025] NZDT 169 (13 February 2025) [pdf, 124 KB]

   ...vehicle also would not accelerate (presumably because it was in limp mode) and O Inc organised for the vehicle to be towed. 12. Although O Inc was able to provide this for the purposes of the hearing before the Tribunal, it was explained that this information is only accessible to a very limited number of staff because of privacy requirements and that it is not available to a technician on the side of the road. Accordingly, it follows that the fact O Inc had this information in its sys...

7. Galvin [2011] NZWHT Auckland 10 [pdf, 91 KB]

   1 [2011] NZWHT AUCKLAND 10 UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of a reconsideration of the Chief Executive’s decision under section 49 CLAIM NO. 6373: JANICE GALVIN – 20 EGMONT STREET, TE ARO ELIGIBILITY DECISION OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL The Claim [1] Janice Galvin is the owner of a leaky home. On 10 August 2000 she filed a claim with the Department of Building and Housing....

8. [2021] NZEmpC 186 Restaurant Brands Ltd v Gill [pdf, 349 KB]

   ...Immigration New Zealand (INZ) a form referred to as INZ 1113 (the INZ form). An applicant would therefore need to engage with his or her employer to have the form completed. Mr Gill did so on this occasion. [12] RBL was well used to meeting such requests from its staff. Accordingly, on 3 February 2017, a human resources administrator forwarded the necessary documentation to Mr Gill. It included confirmation of Mr Gill’s employment by RBL, a copy of his IEA, a copy of the l...

9. Vikashwarjeet v Devi [2014] NZIACDT 27 (17 March 2014) [pdf, 102 KB]

   ...licence, she did not tell them and arrange for continuing representation. [4] The adviser generally disputes the facts alleged in support of the complaint, and claims she delivered professional services properly. She says the complainants withheld information about the character issue, which was not her fault. [5] The Tribunal has accepted the account given by the complainants and upheld the complaint. The complaint [6] The material allegations in the complaint were set out in the St...

10. Audit-and-monitoring-policy [pdf, 376 KB]

    ...Legal professional privilege Information contained in the provider’s files is legally privileged, however section 109 of the Act provides that legal privilege does not prevent, limit or affect the provider producing a file, record or document requested during audit. Information that is subject to legal professional privilege and produced for the purposes of an audit or investigation must not be used in: • any proceedings against the client; or • any way that is detrimental to...