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  1. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

    ...a loss of self-confidence in the context of a redundancy dismissal, and his distress was exacerbated by STL’s failure to engage with him on the reasons behind his redundancy. 25 GF v Comptroller of the New Zealand Customs Service [2023] NZEmpC 101 at [162]. [49] The deduction for contribution was said to be based on Mr Pyne’s undisputed comments to the staff member. In this regard the Authority said: [88] A manager acting responsibly in that situation would have taken m...

  2. [2023] NZREADT 28 - Whalan and Partners Ltd v CAC2107 & SL (06 October 2023) [pdf, 232 KB]

    ...formal disciplinary finding or can be dismissed as minor and below the threshold for such a finding. Further, we agree with the Committee’s decision in this case to take no further action against the licensees in respect of the wrong estimate. [101] The Committee then went on to assess the agency’s conduct, notwithstanding having effectively dismissed the complaint against the licensees. It found the agency had breached r 5.1 and was guilty of unsatisfactory conduct. [102]...

  3. LCRO 145/2023 ET v PU (25 February 2025) [pdf, 241 KB]

    ...retainer (r 7 of the Rules). 15 [100] If safety concerns were a factor, then Ms PU may have been justified in terminating their retainer, as bullying behaviour by a client towards their lawyer entitles a lawyer to terminate the retainer.11 [101] As observed by me above, in those circumstances Ms PU would have been obliged to explicitly articulate for Mr ET’s benefit both the fact of termination and the reason for doing so. [102] She did not do so, perhaps because her view was t...

  4. LCRO 103/2022 RP v DQ (25 September 2024) [pdf, 272 KB]

    ...– results achieved. 22 Costs [100] Where a finding of unsatisfactory conduct is made or upheld against a practitioner, it is usual for a costs order to be made against the practitioner in favour of the New Zealand Law Society.38 [101] Accordingly, and pursuant to s 210(3) of the Lawyers and Conveyancers Act, Ms RP is ordered to pay the sum of $1,600 to the New Zealand Law Society. Enforcement of costs order [102] Pursuant to s 215 of the Act, I confirm that the order...

  5. [2025] NZREADT 10 - CAC 2105 v Chen & Stevenson & Buy West Realty Limited (14 April 2025) [pdf, 379 KB]

    ...the Committee’s legal fees are $50,000 more than the highest amount ever previously incurred by the Committee. Counsel has set out a table which summaries the external legal costs the Committee has incurred on previous misconduct charges. [101] They submit that Ms Stevenson and Buy West have been “model defendants”, insofar as they have: (a) Reported the conduct to the REA on two separate occasions. (b) Engaged fully with the Authority during its investigation (including fa...

  6. LCRO 8/2024 HC v QG and VO (28 February 2025) [pdf, 239 KB]

    ...partners of the law firm with whom they were associated, between current partners and former partners (of both partnerships) and between user rights derived from membership of the services partnership and personal user rights by private arrangement. [101] None of those distinctions except the last one were the company’s concern, however, as the company chairperson made clear to the respondents. They were internal matters for the services partnership, which the applicant administered...

  7. LCRO 73/2024 OR v SV (3 September 2024) [pdf, 249 KB]

    ...imply that the Firm would not have acted for the transferees on the transfer given that both A and I forms were addressed to the Firm’s registration agent. (g) What is the significance of the applicant’s account of the 22 January 2020 meeting? [101] The applicant’s assertion that she and Mr AE jointly instructed the respondent on 22 January 2020 regarding their joint acquisition of the Suburb 2 property from Mr AE does not appear to be consistent with the contemporaneous correspon...

  8. 3-Strikes-Proactive-Release-OIA-Requests_Final_Part2.pdf [pdf, 19 MB]

    ...Feedback on three strikes Cabinet paper s9(2)(h) Page 97 of 277 The following pages (98-100) have been removed as they are withheld in full under s9(2)(f)(iv).RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 Page 101 of 277 RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 Page 102 of 277 RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 Page 103 of 277 RE LE AS ED U ND ER T...

  9. LCRO 156/2023 PF v NY, WJ and MQ (11 October 2024) [pdf, 247 KB]

    ...Is there any evidence of any respondent bullying or harassing the applicant? [100] The correspondence from the Firm to the applicant is straightforward and professional. There is nothing in it that could be argued to be inappropriate in tone. [101] The applicant has not disclosed Ms MQ’s correspondence to him. If such correspondence was improperly expressed, I expect he would have done so. There is no information before me to support the applicant’s complaint in this regard. [...

  10. [2015] NZEnvC 105 Opoutere Ratepayers and Residents' Association v Waikato Regional Council [pdf, 2.2 MB]

    BEFORE THE ENVIRONMENT COURT Hearing at: Court: Appearances: Decision No. [2015] NZEnvC lOS IN THE MATTER of an appeal pursuant to clause 14(1) of Schedule 1 of the Resource Management Act 1991 (the Act) in relation to proposed changes to the Waikato Regional Policy Statement BETWEEN AND OPOUTERE RATEPAYERS AND RESIDENTS' ASSOCIATION (ENV-2012-AKL-000253) Appellant W AIKATO REGIONAL COUNCIL Respondent at Hamilton, 23 October 2014; 18 November 2014 and s