Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2025] NZEmpC 132 Burgess v Tutton Sienko and Hill Partnership (Interlocutory Judgment (reissued) of Judge KG Smith 1 July 2025) RECALL – mistaken date – date provided should have been a business day – in the interests of justice to recall with a later date as correct date has now passed SECURITY FOR COSTS – financial circumstances of respondent favoured application – respondent was bankrupt reasonably recently – liable for a substantial Authority costs order – security ordered at 50% of likely scale costs to balance interests of both parties

[2025] NZEmpC 130 Sweeting v Truck Stops (NZ) Ltd (Consent Interlocutory Judgment of Judge KG Smith, 27 June 2025) CONSENT – Authority’s costs determination stayed by consent

[2025] NZEmpC 122 healthAlliance NZ Limited v Cunningham (Interlocutory Costs Judgment of Judge M S King, 24 June 2025) COSTS – GUIDELINE SCALE – self-represented litigant – indemnity costs not appropriate – costs awarded with adjustments.

Date of decision: 17 June 2025.  Privacy Act 2020.  

Claim for interest, further disturbance losses, costs and disbursements – Public Works Act 1981 (PWA), ss 66, 78, 84, 90; Interest on Money Claims Act 2016 – Reduced award of costs to Claimant of $550,000 under s 90 PWA – Award to Claimant of around $159,000 under s 66 PWA – Interest to accumulate only on the s 66 payments.

Compensation referral / unsatisfactory conduct / Committee found licensee misrepresented extent of utility connections and failed to disclose geotechnical report to complainant purchasers / Real Estate Agents Act 2008, s72a, s93, s110 / Professional Rules 2012, r5.1, r6.4 / Fair Trading Act 1986, s43 / HELD / principles developed for award of loss or damage under FTA relevant to discretion to award compensation / broad and pragmatic approach taken to determine causal connection between losses claimed and contravening conduct / not open for Tribunal to review finding of unsatisfactory conduct in lieu of appeal to challenge determination / agency’s commission, vendor’s legal costs, complainants’ legal costs and LIM report fees attributable losses to unsatisfactory conduct / claim for loss of growth in property market unsubstantiated / compensation sum to achieve justice to parties / licensee acted in good faith though carelessly / licensees ordered to pay $34,437.38

[2025] NZEmpC 117  Tangohau v Maiava-Perez (Costs judgment of Judge Kathryn Beck, 13 June 2025 COSTS ON DISCONTINUANCE - guideline scale - costs awarded on 1A basis.

[2025] NZEmpC 110 Oliver v Biggs (Costs Judgment of Judge KG Smith, 30 May 2025) COSTS ON DISCONTINUANCE - GUIDELINE SCALE - presumption that plaintiff is liable for costs on discontinuance is partially displaced - costs awarded to plaintiff up to date where further steps became unnecessary.

Objections to valuations by Council – Rating Valuations Act 1998, s 36 – Valuation agreed by consent – No costs order.

Objections to valuations by Council - Rating Valuations Act 1998, s36 – Land Valuation Proceedings Act 1948, s19(8)(b) - Valuation agreed by consent – No costs order.

[2025] NZEmpC 107 Menzies v Corrigan (Costs judgment of Judge Kathryn Beck, 28 May 2025) COSTS – increased scale costs awarded following discontinuance – behaviour of plaintiff’s representative increased costs

Professional responsibilities and professional practice / adviser deliberately and dishonestly failed to disclose role in two visa applications, but sought to ensure communications were directed to her / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 cl5, cl7, cl14, cl18a, cl20a, cl22, cl26c, cl26d / adviser sought to hide involvement in visa applications from INZ due to conflict of interest / deliberately and dishonestly provided false email address for applicants / untruthfully represented existence of two jobs with husband’s company which ultimately formed basis for grant of visa / absence of written services agreements / no provision of evidence of being licensed / failed to provide opportunity to review applications / failed to disclose conflict in writing / no record of written advice / no well-managed filing system / no provision of invoices / withheld services for failure to pay / excessive fees / complaint partially upheld / sanctions to follow

[2025] NZEmpC 101 Lu v Young (Judgment (No 2) of Judge Kathryn Beck, 20 May 2025) COSTS – scale costs awarded following challenge being dismissed