Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

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, s 36 – Valuations agreed by consent – No costs order.

[2026] NZEmpC 25 Wei v Sunlight JMB Future Ltd (Judgment of KG Smith 12 February 2026) APPLICATION TO DISMISS PROCEEDINGS – delay of four years and seven months – delay is well beyond what could be regarded as acceptable – respondent did not address whether delay was excusable – applicant’s ability to defend the claim is compromised by the passage of time – prejudice arising from costs of having to continue to defend the claim – application granted

Correction to [2026] NZLVT 001 – Application considering whether Council could produce further geotechnical testing – Public Works Act 1981, s 84 – Application to prevent further geotechnical testing granted – Application for admission of further evidence refused – Costs reserved.

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

Contract / Trespass / Applicant parked her vehicle in a car park / Respondent issued an infringement notice of $95, asserting the space was a private car park it monitored / Applicant disputed liability arguing there was no contract / Applicant claimed she did not knowingly park in a private space and that she should not be liable for additional administration, recovery, and debt collection fees / Respondent counterclaimed $482.96, comprising infringement notice and additional fees / Held: no contract between the parties as signage did not constitute an offer capable of acceptance / Applicant had parked in a private car park monitored by Respondent and therefore trespassed / Infringement notice was reasonable and recoverable as reflecting occupier’s legitimate interests / Additional administration, recovery, and debt collection fees were not recoverable as no contractual basis for them / Respondent failed to prove actual damages / Applicant ordered to pay $95.00 / Respondent’s claim fo…

Objections to valuations by Council – Land Valuation Proceedings Act 1948, s 19(8)(b) – Valuation agreed by consent – No costs order.

[2025] NZEmpC 284 Cunningham v healthAlliance NZ Ltd and healthAlliance NZ Ltd v Cunningham (Costs Judgment of Judge M S King, 22 December 2025) COSTS – GUIDELINE SCALE – scale costs awarded with adjustments – costs on costs awarded.

Contract / Disputes Tribunal Act 1988 / Applicants are trustees of trust that owns commercial premises which suffered water leak / Respondent is a statutory body that delivers water and wastewater / Respondent refused water rebate following leak because building was a commercial property / Applicant sought declaration of non-liability for water consumption costs for month of the leak  / Held: Tribunal lacks jurisdiction to hear claim as it constitutes a claim in respect of money due under an enactment / Claim struck out for lack of jurisdiction.