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1. JK v SY LCRO 271/2013 (9 September 2016) [pdf, 76 KB]

   ...addressed the actions he took when drafting the statement of claim. Mr [JK] says that deceit could never properly be alleged at any stage of the proceedings because there has to be probative evidence of actual fraud, not a mere suspicion of fraud to permit an allegation of deceit to be properly pleaded. (b) As the proceedings continued it became apparent that there was no evidence to allege fraud. In particular: (i) Before Mr [SY] issued the proceedings, he was aware that the cont...

2. [2015] NZEmpC 225 Lumsden v Skycity Management Ltd [pdf, 206 KB]

   ...cannot because it refers to allegations that were resolved in the full and final settlement agreement. The argument appears to me to be circular. It is difficult to see how Mr Lumsden can pursue an action based on an asserted breach unless he is permitted to refer to the matters which he says were the subject of a broken settlement. Section 149(4) makes it plain that a person who breaches an agreed term 26 Roy v Board of Trustees...

3. [2021] NZSSAA 9 (26 March 2021) [pdf, 204 KB]

   ...trustee was required by the Residential Tenancies Act 1986 and her obligations as trustee to maintain an accurate record of those payments. [47] The fact that the number of people living at the property with the appellant exceeded the number permitted by the tenancy agreement, he did not pay rent in the manner required by the agreement, the two agreements differ as to the rent payable, and that the appellant has not provided the information required to establish the value of the...

4. Deeming v Whangarei District Council (Discovery) [2015] NZHRRT 37 [pdf, 72 KB]

   ...weighing in favour of disclosure to Mr Deeming in the context of the present proceedings: [21.1] Ensuring that agencies which hold personal information do not disclose such information unless the disclosure falls within one of the circumstances permitted by Principle 11. Given the Long Title of the Privacy Act emphasises that the purpose of the Act is to promote and protect individual privacy, the information privacy principles are not to be read down. 6 [21.2] There is a compel...

5. [2019] NZREADT 39 - Feschiev - Ruling [pdf, 294 KB]

   ...a late appeal, and decline Mr Feschiev’s request that she be directed to file further evidence. Should Mr Feschiev be given leave to cross-examine witnesses and adduce new evidence? Submissions [52] Mr Feschiev submitted that he should be permitted to cross-examine Ms Cruickshank and Mr Mathieson. He submitted that their written statements to the Committee contained materially false statements, and were in seven cases unequivocally contradictory. He submitted that evidence s...

6. LCDT - 2018 annual report [pdf, 572 KB]

   ...(of a procedural nature) can be considered by the Chair alone, and some of which require the convening of the full, or reduced number Tribunal. A reduced quorum, consisting of three members (Chair, one lay member and one lawyer member), is permitted under the Act to consider applications for Interim Suppression of Name and for Interim Suspension Orders. These provisions allow speedier consideration of such applications at a considerably reduced cost. At times, in order to a...

7. [2023] NZSSAA 10 (31 August 2023) [pdf, 259 KB]

   ...NZS. Prior to this time XXXX’s IRR was based on XXXX’s sole income. [44] The Ministry submits that the formula for income related rent is prescriptive and it is obliged to apply it. [45] The Ministry submits that s 109(1)(a) of PCHMA permits it to include XXXX’s overseas pension payment as income when determining assessable income under s 108. This is because the overseas payments are made on a regular basis for income related purposes and used for income related purpos...

8. [2023] NZEmpC 39 Wilson-Grange Investments v Guerra [pdf, 226 KB]

   ...The Authority erred in fact and law in finding that Mr Guerra had suffered an unjustified disadvantage by the reduction in his wages by 20 per cent at the outset of the lockdowns. That is because Mr Guerra was unable to work and the company was permitted to take steps to reduce his pay in the circumstances. The Authority also erred in holding that the company bore the onus of justifying the alleged shortfall in wages and in substituting its own view of the procedure adopted by the...

9. Canterbury Westland Standards Committee v Horne [2016] NZLCDT 36 [pdf, 491 KB]

   ...Collected penalty or default interest; or (c) Taken any other steps to address the default. 13 Breach of rule 7 of the NCR – failure to obtain prescribed specific authority 51. Rule 7 of the NCR provides that a responsible lawyer "must not permit an investment to be made in the name of a lawyers nominee company by an investor unless the investment is made in accordance with a specific authority". A "specific authority" is defined as an authority in the presc...

10. [2013] NZEmpC 162 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 139 KB]

    ...Authority should itself have called Ms Gorgner and questioned her about her 23 May 2011 letter ... It is correct that the Authority is an investigative body which has an obligation to investigate employment relationship problems, but it is also permitted to follow whatever procedure it considers appropriate. The Authority does not have unlimited time to investigate and before itself calling any witness may exercise discretion in deciding whether a witness may be able to assist in...