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1. [2022] NZACC 7 – Calzadilla v ACC (20 January 2022) [pdf, 361 KB]

   ...generic in nature for realistic consideration in a vocational independence context. [100] Ms Brown refers to Bell6 where, in that case, the Court found that the generic scope of “sales assistant” to be so immense as to be unreasonable. [101] What the appellant’s work record shows in this case is that she is a person with proven managerial skills both with her own businesses and twice since 2005 as kitchen manager for other employers and as a retail manager in 1995. [10...

2. [2024] NZEmpC 44 Maheta v Skybus New Zealand Ltd [pdf, 266 KB]

   ...could be accommodated. [100] To that end, the Registrar is requested to convene a telephone directions conference the purposes of which will be to resolve any orders arising from this judgment, if required, and to make directions for a hearing. [101] Costs are reserved. K G Smith Judge Judgment signed at 12.30 pm on 13 March 2024 Attachment 1 Category Description Compliance Order Yes/No 1 Via USB stick (pen drive) provide all original files...

3. Merrylees v Accident Compensation Corporation [2023] NZACC 186 [pdf, 279 KB]

   ...conclude that in all of the circumstances as we know them, Dr Walls’ closing comments of his report of 15 June 2023 fairly and accurately set out the medical position as well as it can be described, given the history and evidence that we have. [101] Accordingly, I find that the accident event did develop or significantly worsen the appellants radial tunnel syndrome, which was contributed to, to some extent by his work activities, as a consequence of the incident on 16 August 2017....

4. Hart v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 68 [pdf, 221 KB]

   ...respondent to be arguing against the fact of the appellant’s incapacity, rather that as recorded in the decision of Well NZ, that the incapacity is not the result of the covered injury of 31 October 2021. [100] Accordingly, the appeal is allowed. [101] Costs are reserved. CJ McGuire District Court Judge Solicitors: ACC and Employment Law, Ellerslie Izard Weston Lawyers, Wellington

5. LCRO 167/2022 LY v SN, MB, TD and KV (8 September 2023) [pdf, 212 KB]

   ...independent valuation evidence produced and examined. [100] That is not a process to be undertaken in the context of professional disciplinary proceedings. It can only be properly explored in civil proceedings in the courts. Emotional harm [101] There is no doubt that Mr LY would have suffered surprise and disappointment upon learning that the driveway was not within the exclusive use area of the property. 18 LCRO 181/2009. 16 [102] In Hong v Auckland Standards Committee...

6. LCRO 84/2024 XA v MQ (25 February 2025) [pdf, 233 KB]

   ...[100] Mr XA’s fee for updating Mr NQ and Mrs MQ’s wills, was $700 plus GST. Mr XA has done himself a disservice by not providing his files, with the result that there is no copy of the wills to ascertain the extent of the work necessary. [101] The Court of Appeal in Gartside, has indicated that a period of seven days from the day of receipt of instructions, is what is expected. Mr XA took some nine months to prepare the wills. [102] It is unconscionable that Mr XA should expect...

7. [2024] NZEmpC 227 The Vice Chancellor of Lincoln University v Cheng [pdf, 237 KB]

   ...generally Declaration concerning the aims and purposes of the International Labour Organisation (10 May 1944) (Declaration of Philadelphia). 14 Humphrey, above n 5, at [52]. 15 See GF v Comptroller of the New Zealand Customs Service [2023] NZEmpC 101, [2023] ERNZ 409. and there was a more pressing need at the campus. I pause to note that there is no evidence before the Court as to what, if anything, has happened with the work since Ms Cheng’s departure. I note too tha...

8. LCRO 30/2023 YO obo TM v EB (13 May 2025) [pdf, 218 KB]

   ...interests of the community and the profession justified the formal step of making a finding that Mr Ragg was guilty of unsatisfactory conduct. The possibility of deciding to take no further action under s 152(2)(c) of the Act needed to be considered. [101] Having carefully considered the overall situation in which Mr EB found himself, it is difficult to come to the view that a finding of unsatisfactory conduct against Mr EB is justified. [102] Pursuant to s 211(1)(a) of the Lawyers...

9. LCRO 13/2023 DG v PS (26 February 2025) [pdf, 195 KB]

   ...and reinforce to the profession the seriousness of conduct breaches of this nature. [100] When contemplating the publication of a disciplinary decision concerning a lawyer's conduct, several factors and principles must be carefully weighed. [101] The question of publication of professional disciplinary proceedings has been considered by the courts on a number of occasions. In S v Wellington District Law Society [2001] NZAR 465 (which concerned an appeal from a decision of the Disc...

10. Auckland Standards Committee v Stirling [2010] NZLCDT 4 [pdf, 224 KB]

    ...enables many transactions to be completed without interruption or delay. An undertaking is generally accepted as a substitute for strict performance of some commercial, contractual or procedural requirement: see Laws NZ, Law Practitioners, paragraph 101. In cases where a solicitor undertakes to hold proceeds of sale and to apply them in accordance with the undertaking, the High Court will require the solicitor to honour the undertaking given: for example, re C (a solicitor) [1982] 1 NZ...