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1. CAC20005 v Peng [2015] NZREADT 4 [pdf, 227 KB]

   ...Earl submits that this is a clear breach of her duty to act in accordance with her instructions and in the vendor’s best interest and licensees clearly have such obligations as has been discussed in the case Lac Minerals v International Corona Resource [1989] 61 DLR (4th) 14 at 36-37: “the ... facts giving rise to an obligation of confidence are also of considerable importance in the creation of a fiduciary obligation. If information is imparted in circumstances of confidence, and i...

2. [2013] NZEmpC 238 AsiaCiti Trust NZ Ltd v Harris [pdf, 159 KB]

   ...authority on trusts in New Zealand. [28] Ms Willis referred to contact Ms Harris had with apparent senior employees of the five key trust clients of Asiaciti. Mention was also made of the presentations Ms Harris had prepared using Asiaciti’s resources. The fear was that she would consider continuing work with these clients after leaving her employment with Asiaciti. Both Ms Harris and also Ms Meha, however, put this into a different context when they considered the line of au...

3. [2011] NZEmpC 160 Angus & McKean v Ports of Auckland Ltd [pdf, 154 KB]

   ...a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. (3) In applying the test in subsection (2), the Authority or the court must consider— (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employer...

4. Complaints Assessment Committee 414 v Deepak Goyal [2017] NZREADT 58 [pdf, 235 KB]

   ...cross-examination that he had a more active involvement in the development. He and Mr Goyal attended meetings with Mr Ragunathan, and he frequently telephoned Mr Ragunathan to discuss the development. Further, he signed the applications for resource consent. [17] Nor do we accept Mr Goyal’s evidence that he had no interest in the development until shortly before the sale of Number 11 was about to be settled. He lent money to Mr Grewal so that he could pay the deposits on th...

5. [2017] NZEmpC 157 Johnston v The Fletcher Construction Co Ltd [pdf, 375 KB]

   ...bundles of documents, and the preparation and filing of written submissions) which will inevitably be replicated if the matter proceeds to an adversarial hearing in the Court. Litigants have an interest in where their (generally limited) financial resources are applied. This factor seems to me to have particular relevance in the context of a statutory scheme which provides for de novo challenges, conferring on dissatisfied parties the right to start from scratch again in the Court...

6. [2018] NZEmpC 20 Smith v Director General of the Ministry for Primary Industries [pdf, 282 KB]

   ...depression for a long time, perhaps for the previous 15 to 20 years. He attributed this illness to work pressure exacerbated by an absence of mentoring and a lack of adequate training. He said MPI’s New Plymouth office was understaffed and under-resourced. [21] However, candidly, Mr Smith did not make excuses for his part of the incident. He stated there were reasons behind the incident; a combination of being depressed through work and drinking alcohol while taking medication. A...

7. Waters v Alpine Energy Ltd (Discovery) [2014] NZHRRT 8 [pdf, 97 KB]

   ...the company would nevertheless have on record that applicant’s CV, work experience and the like. So while the original documentation may have been destroyed, the information (or much of it) would have been transferred into Alpine Energy’s human resources files. He submits it would be unusual were the company not to hold, for the successful applicant, that person’s CV, employment history, list of qualifications and experience and other information relating to the applicant being re...

8. Smith - Waiomu 3B2B2B3B2(2015) 105 Waikato Maniapoto MB 12 (105 WMN 5) [pdf, 185 KB]

   ...Green as to the reason for the expense required to put in access from Waiomu Valley Road. He advised that in the 1980’s the cost would have been much less because the access would simply have been put in by bulldozer. However, since that time resource management requirements are now such that the engineering of access must take account of preservation of bush, prevention of erosion and landslides, and safety concerns requiring either double carriageway or passing bays, due to t...

9. AN v DH LCRO 119/2015 (23 December 2015) [pdf, 97 KB]

   ...her partner’s significant loss of income to Ms AN’s involvement “due to stress impacting on our lives and the need to deal with this and other relevant matters”. She describes her engagement with lawyers, and the impacts on the family’s resources. Ms DH says she considered contact between MM her father placed MM under significant risk of injury. She says her lawyer charged her legal fees at a “fraction of her normal fees”, but even so as at 9 January 2015 she still owe...

10. AW v ZK LCRO 230/2012 (28 March 2014) [pdf, 259 KB]

    ...Tribunal under ss 152(2)(a) and 212 LCA. I have refrained from doing so because there is an element of futility in circumstances where the Practitioner has already suffered the ultimate professional sanction, and out of concern about wastefulness of resources. [49] I nevertheless find that this was unsatisfactory conduct at a very high level and I therefore impose the following penalties: (a) In light of my findings at [28] above, that the estate was charged about three tim...