Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

Sanctions / widespread failings in communications with client and INZ / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl17a, cl17b, cl17c, cl19e, cl19h, cl19i, cl19k, cl19l, cl19m, cl19n, cl22, cl26aiii, cl26aiv, cl26b, cl26c, cl26d / extensive wrongdoing, resulting in 12 breaches of 16 standards in the Code / moderate gravity of offending / most serious breaches involved grossly inadequate services agreement and failure to comply with client’s instruction to remove partner from residence application / adviser bears responsibility for decline of application notwithstanding INZ’s misapplication of policy / adviser acknowledged wrongdoing and made  considerable efforts to improve practice / adviser censured / no retraining necessary in light of steps taken / adviser fined $2,500 financial penalty / adviser ordered to pay $8,240.44 in compensation, reflecting costs of IPT appeal and relocation.

[2025] NZEmpC 217 Fuimaono v Ritchies Murphy Transport Solutions Limited (Interlocutory Judgment of Judge King, 7 October 2025) APPLICATION FOR SECURITY FOR COSTS - merits of challenge are weak - plaintiff may not be able to pay costs if challenge is unsuccessful but may not be able to proceed with challenge if security for costs is granted - plaintiff impecuniosity is partly caused by defendant - balance of convenience favours granting security for costs - application granted.

Police v Singh – facing money laundering charges – warrant out for arrest – left NZ and not returned – No longer suitable to be a security worker – COA cancelled. Sections 80 & 81(1)(aa).

Contract / Contract and Commercial Law Act 2017 / Applicant entered Distribution Agreement with Respondent granting rights to distribute food and dairy products / Applicant experienced loss of leased refrigerated truck a month later and emailed intention to terminate agreement / Respondent invoked clause requiring $5000 plus GST for cancellation without three months written notice and withheld commission from Applicant / Applicant claimed payment of February commission $4459.89 plus GST / Held: clause was an enforceable penalty clause / Penalty amount was not out of proportion and was reasonable pre-estimate of loss given increased costs to perform distribution during 3 month notice period / No frustration of contract through force majeure / Loss of leased truck was foreseeable and performance was not impossible / Also,   later personal events occurred after cancellation / Claim dismissed.

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

Negligence / Land Transport Act 1988 / Applicant and Respondent’s vehicles were involved in a collision / Collision occurred when Respondent tried to change lanes / Applicant and his insurer claimed $5,594.71 / Held: Respondent breached duty of care by changing lanes without checking blind spot or giving way / Applicant had no reasonable opportunity to take evasive action before crash / Applicant not contributory negligent / Repair costs were reasonable / Respondent ordered to pay Applicant $5,594.71 / Claim allowed.

Contract / Flatmate agreement / Contract and Commercial Law Act 2017 / Parties were co tenants in a fixed term tenancy under flatmate agreement / Respondent alleged safety concerns with other tenants so moved out before lease ended and stopped paying rent / Applicants claimed unpaid rent and costs / Respondent counterclaimed for return of bond / Held: Respondent’s concerns with other tenants did not amount to breach of contract / Respondent remained liable for rent until suitable replacement found / Applicants failed to mitigate own loss by unreasonably declining a replacement tenant / Respondent only liable for rent until suitable replacement was declined by Applicants / Respondent’s bond of $1,000 equalled the four weeks’ rent Respondent owed so Applicants could retain it / Claim allowed in part and counterclaim dismissed.

Contract / Property / Limitation Act 2010 / Applicant purchased land from Respondent to provide access to property / Agreement was for Applicant to grant easement over land to allow Respondent continued access to their land / Respondent failed to sign required documents and no new certificate of title was issued or easement registered / Respondent later sold to third party who informed Applicant they did not have legal right to access their property / Applicant required to reach further agreement with new owners to grant an easement / Applicants claimed they did not have knowledge of Respondent’s failure until informed by the third party / Applicants claimed $30,000 from Respondents being price to obtain an easement and gain right to access their property / Held: claim was time barred / Regardless of claimed late knowledge Applicant ought to have known of the issue within the required 6 year period / Applicants unable to show existence of late knowledge date / Claim dismissed. 

Negligence / Applicant’s car collided with Second Respondent’s forklift / Second Respondent was employed by First Respondent / Second Respondent reversed forklift onto wrong side of road near intersection / Applicant left with limited time to brake and car collided with forklift / Respondents’ denied liability / Applicant claimed $2,734.63 in repair costs / Held: Second Respondent failed to take reasonable care and was negligent / Second Respondent also contributed to collision / Failed to take reasonable care by not paying attention to the road and not giving way at intersection / Contributory negligence assessed at 65% for Applicant and 35% for Respondents / First Respondent to pay Applicant $957.12 / Claim allowed in part.

Consumer law / Consumer Guarantees Act 1993 / Applicant hired campervan from Respondent / First two vans supplied had defects but were promptly replaced by Respondent each time issues arose / Applicant used third van for about ten days without further issues although he believed wheel alignment was slightly off / Applicant sought $1,400, refund of campervan hire and phone costs / Held: although first two vans were not fit for purpose, Respondent remedied issue within reasonable timeframe by providing prompt replacements / Third van found fit for purpose / Wheel alignment issue diagnosed by mechanic as minor and vehicle was totally safe and driveable  / Applicant had already received partial refund for hire costs, further refund not available / Phone costs not recoverable because cheaper and free communication options had been available / Claim dismissed.

Objections to valuations by Council – Land Valuation Proceedings Act 1948, s 19(8)(b) – Objections withdrawn by leave of Tribunal and both parties' consent – No costs order.

Contract / Trespass / Respondent parked in carpark managed by Applicant for less than two minutes / Respondent was not a customer / Applicant claimed Respondent had entered into a contract or trespassed / Applicant issued $95 fine and three $75 reminder notices / Applicant claimed $460.00 for unpaid fees, debt collection costs and interests / Held: no contract was formed but Respondent did trespass / Carpark signage did not constitute an offer and there was no consideration / Respondent's two minutes of unlawful use was insignificant / Other carpark spots available so Respondent did not prevent customers from entering the business / Applicant’s actions were unreasonable and punitive / Claim dismissed.

Consumer law / Building / Consumer Guarantees Act 1993 / Applicant’s builder engaged Respondent to do a final clean of the Applicant’s finished home / Scratches were discovered on some of the windows / Window supplier replaced some panes where they were responsible for faults or damage in transit / Five windows were not replaced / Applicants attributed the damage to the Respondent when cleaning the windows / Applicants claimed $6,520.70 for replacement costs /  Held: Applicants failed to prove it was more likely than not that the Respondents failed to carry out their work with reasonable care and skill / Claim dismissed.