Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

Professional responsibilities and professional practice / dishonesty / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl8a, cl8c, cl13a, cl14, cl18a, cl26e / adviser dishonestly offered residency-qualifying job in exchange for substantial payment / client had already paid significant fees for visa and supposed employment agreement / discussions involved significant staged payments, inflated salary and structured costs to facilitate residence, indicating alleged job‑selling and immigration fraud / adviser knew advice to client was in contravention of immigration and employment legislation / provided no written service agreement / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform client of being provisionally licensed and provide evidence of licence / complaint upheld / sanctions to follow

Police v Tumai complaint – disqualifying convictions – further charges for offences of violence while working in security – warrant issued after failure to attend court – COA cancelled – ss 62(f)(vii), 81(1)(a), 82, 83(ab)

Compensation referral / unsatisfactory conduct / Committee found licensee marketed commercial property with incorrect rental return / goods and services tax (GST) specified as payable in addition to already GST-inclusive rent / Real Estate Agents Act 2008, s93, s110 / Professional Rules 2012, r5.1, r6.4 / rental return (yield) for commercial property a critical factor for purchasers / purchaser relied on representation, would have bid less knowing true yield / GST disclaimer in information memorandum does not displace express representation & does not account for errors beyond that document / settlement with vendor left unrecovered loss / no lack of care by purchaser / rent statements could not have alerted purchaser as it did not specify whether GST inclusive / legal costs negotiating with vendors not caused by agent’s wrongdoing, not awarded / general damages dismissed / licensee ordered to pay $46,875 (total loss of $62,500 reduced by 25 per cent as conduct not deliberate)

[2026] NZEmpC 5 South Pole IP Holding (NZ) Ltd v Thing (Interlocutory  Judgment of Chief Judge Christina Inglis, 21 January 2026) APPLICATION FOR STAY - insufficient basis for prejudice suffered if stay is not granted - significant delay in applying for stay weighs against granting application - application declined - APPLICATION FOR SECURITY FOR COSTS - jurisdiction of Court to order security for costs without granting a stay is unclear - purpose of order can be met by applying for enforcement of remedies in the District Court - application declined

Application to adduce evidence of further geotechnical testing – Public Works Act 1981, s 84 – Application refused – No benefit perceived in additional testing – Costs reserved.

[2025] NZEmpC 281 A Labour Inspector of MBIE v Elements Therapeutic Massage Limited and ors (Interlocutory Judgment (No 2) of Judge M S King, 22 December 2025).  APPLICATION FOR STAY – substantive challenge appealed to the Court of Appeal and stayed by consent – parties do not consent to a stay on the issue of costs – leave to appeal being pursued in good faith – appeal raises issues of public interest – right of appeal will not be rendered nugatory by a stay – issue of costs may create degree of complexity – undesirable to treat substantive proceeding differently to costs determination – interests of justice and efficiency that costs be determined following appeal – costs stayed pending outcome of appeal process or further order of the Court – application granted.

[2025] NZEmpC 283  healthAlliance NZ Limited v Cunningham (Judgment of Judge M S King, 22 December 2025) APPLICATION FOR COMPLIANCE ORDER – failure to promptly comply with verification orders made by the court – verification order complied with following delay – unnecessary to grant compliance order – application declined – delay to result in costs – APPLICATION FOR SANCTIONS – NON-COMPLIANCE – STAY OF EXECUTION – application to impose sanction following failure to comply with compliance orders – evidence of financial hardship unsubstantiated – interests of justice require a stay over proceedings pending costs paid.

18.12.2025 | Judge A H C Warren | Section 238, Te Ture Whenua Māori Act 1993 | Costs

Objection to valuation by Council – Ratings Valuation Act 1998, s 36 – Valuation agreed to by consent – No costs order.

[2025] NZEmpC 271 - Jasmine Catering Limited v Wang (Costs Judgment of Judge M S King, 12 December 2025) COSTS – GUIDELINE SCALE – scale costs awarded with adjustments. 

[2025] NZEmpC 265 Hannah v The Salvation Army New Zealand Trust (Interlocutory Judgment of Judge Helen Doyle, 9 December 2025) APPLICATION FOR SECURITY FOR COSTS - whether Court has jurisdiction to award standalone security for costs does not need to be decided in this application - insufficient basis to conclude that employee could not meet costs award - application declined.

[2025] NZEmpC 263  Epiphany Donuts Newtown Ltd & Ors v Satija (Judgment of Chief Judge Inglis, 5 December 2025) CHALLENGE TO COSTS DETERMINATION - Authority had jurisdiction for substantive determination - Authority had jurisdiction to award costs - both parties' conduct increased costs in the Authority's substantive investigation - daily tariff applied without adjustments - challenge dismissed.