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1. Ali v Wang [2015] NZIACDT 2 (22 January 2015) [pdf, 256 KB]

   ...Code of Conduct in the respects identified, namely clauses 1.1, 1.3 and 3(d). They are grounds for complaint pursuant to section 44(2)(e) of the Act. [100] In all other respects, the Tribunal dismisses the complaint. Submissions on Sanctions [101] The Tribunal has upheld the complaint, accordingly pursuant to section 51 of the Act it may impose sanctions. [102] The Authority and the complainant have the opportunity to provide submissions on the appropriate sanctions, including potent...

2. ENVC Matiatia party corresp WMLDec14 draft conditions of consent [pdf, 251 KB]

   ...(a) IMC – Proposed Marina Layout -Drawing No.4208- 201 dated 12-12-14 (being Figure 103 in December 2014 folio of figures) 2 (b) IMC – Breakwaters Longitudinal & Cross Sections - Drawing No.4208--211 dated 12- 12-14 (being Figure 101 in December 2014 folio of figures) (c) IMC – Southern Access Pier Elevation - Drawing No.4208-SK22A dated 12-12-14 (being Figure 105 in December 2014 folio of figures) (d) IMC – Typical Berthing Layout - Drawing No.4208-108-Rev A dat...

3. Auckland Standards Committee v Hylan [2014] NZLCDT 3 [pdf, 202 KB]

   ...“ex post facto” recollection to quote Mrs S as saying she wanted to sign and that she risked verbal and physical violence if she did not sign. Those factors present as matters which must have occurred prior to Mrs S signing in May 2012. [101] It is difficult to reconcile Mr Hylan’s later explanation that these matters arose from information said to have been provided seven months after the Agreement was signed, when they were expressed by him originally to be matters occu...

4. Wellington Standards Committee v Logan [2012] NZLCDT 38 [pdf, 210 KB]

   ...misconduct arose from an assessment of the standard of conduct the subject of charges, made by the body hearing the matter, and there was no statutory definition of it,19 as in LCA. 12 Ibid, s 101(6), and this is the only disciplinary provision in LPA that actually proscribes conduct and treats a breach as an offence. 13 Section 241(a) and 7(1)(a) (2) and (3) Lawyers and Conveyancers Act 2006. 14 Ibid, s 241(a) and s 7(1)(b)(...

5. [2013] NZEmpC 207 Nee Nee v C3 Ltd [pdf, 139 KB]

   ...emerges during the course of an inquiry into that allegation that the employee may have been guilty of conduct of a different kind, including lying to the employer. That needs to be the subject of a separate set of disciplinary proceedings. [101] In order to undertake a fair and proper disciplinary process an employer is obliged to meet certain minimum standards, including adequately particularising the concerns that he/she has; identifying the potential consequences of a findi...

6. SV v WT LCRO 21/2013 (26 August 2014) [pdf, 110 KB]

   ...conduct may affect which specific penalty is selected, depending on which particular function is being met. Costs [100] The LCRO has a broad discretion to order costs pursuant to s 210 of the LCA and the LCRO’s Costs Orders Guidelines. [101] The primary purpose of costs orders under the LCA is to defray the costs of administering the complaints and disciplinary provisions of the LCA, which otherwise fall on all lawyers. [102] After the review hearing a Minute was issued t...

7. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

   ...Ms EB, because under the terms of settlement CR had agreed to pay Ms EB no more than $10,000 plus her employment-related statutory entitlements. 54 As above at n 50. 18 Discussion [101] Rule 9 regulates the fees a lawyer can charge to a client. It does not regulate arrangements between a lawyer and a third party. As CR is not Ms DA’s client, Rule 9 does not apply to Ms DA’s invoice to CR. [102] Independently of...

8. Philpott v Zderich [2011] NZWHT Auckland 16 [pdf, 176 KB]

   ...[100] Mr Peters, on behalf of the fourth respondents, submitted that there have been significant and unreasonable delays by the claimant in having her house repaired. It is argued that Ms Philpott has failed to mitigate her losses. [101] Having dismissed the claims against both fourth respondents, the issue of the failure to mitigate is no longer of any relevance to them. However, the arguments made by Mr Peters have been adopted by Mr Jones, who was at the hearing self-...

9. McDonald v Peters [2012] NZWHT Auckland 39 [pdf, 215 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-101-000025 [2012] NZWHT AUCKLAND 39 BETWEEN GREGORY JOHN McDONALD Claimant AND TIMOTHY EDWARD PETERS First Respondent AND BUILDING APPROVALS AND SOLUTIONS LIMITED Second Respondent AND MIKE HISLOP Third Respondent AND NEILL BROWN Fourth Respondent AND CARLTON RICHARDS Fifth Respondent AND NELSON CITY COUNCIL (Removed) Sixth Respondent AND GRAEME SCOTT (Removed) Seventh Respondent AND PHILIP...

10. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 [pdf, 309 KB]

    ...31/12/08 $899.94 Project economics 30/11/10 $1,725.00 Alexander & Co (Mr Flay) 20/12/10 $4,405.71 Summers 28/2/10 $2129.12 Page | 8 Summers 30/6/10 $4893.48 Summers 30/9/10 $312.69 Summers 22/10/10 $399.13 Summers 26/1010 $6685.92 Subtotal $21,439.99 Total $61,650.92 Claimant’s response to Council [14] The claimant‟s submission is that the claim against the Council did not lack substantial merit. It referred to the evidence of its e...