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  1. LCRO 382/2013 SC v JT (30 June 2017) [pdf, 193 KB]

    ...17 [109] The tenor and tone of this correspondence is conciliatory, measured and professional. It is singularly lacking in any hint of bombast or threat. It is sensible. It is endeavouring to resolve a problem rather than escalate it. [110] It is from that context that Mr SC’s final paragraph should properly be assessed. [111] Placed within the context of correspondence that is clearly crafted with purpose to resolve an impasse, Mr SC’s final paragraph which prompted a f...

  2. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 163 Aotea MB 99 (163 AOT 99) [pdf, 1.4 MB]

    ...been removed, it was always open for them to seek legal advice or simply apply to the Court for directions. They appear to have done neither and simply carried on the business of the trust regardless of the consequences. Minute Book: 153 AOT 110 Failure to hold allIHlal generg1 meetings [30] Regulation 19 of the Maori Reservations Regulations 1994 required the trustees to hold annual hui with the beneficiaries. They did not do so and could offer no real explanation for this fa...

  3. AF v X Standards Committee LCRO 84/2014 [pdf, 279 KB]

    ...view, it is potentially obstructive of the Committee’s process and likely frustrative of the requirement to resolve complaints in an expeditious manner, if applications are made to review the Committee’s initial steps. Procedural failures [110] Ms AF submits that the Committee has failed to manage her complaint in an expeditious and procedurally fair manner. [111] She does not complain that the Committee has acted in bad faith, but rather submits that the manner in which the c...

  4. Robb v Complaints Assessment Committee [2017] NZREADT 39 [pdf, 198 KB]

    ...15 Real Estate Agents Act 2008, s 3(1). impose the least punitive penalty that is appropriate in the circumstances, and while there is an element of punishment, rehabilitation is an important consideration.16 [52] Section 110(2) of the Act sets out the orders the Tribunal may make by way of penalty. As relevant to the present case the Tribunal may make any of the orders that a Complaints Assessment Committee may impose under s 93 of the Act (these include cens...

  5. LCRO 143/2017 AC v BT (19 February 2019) [pdf, 211 KB]

    ...Ms BT when acting for Mr CN did not act competently, and in a timely manner; and (d) By not responding to requests for information Ms BT was “arrogant and disrespectful” towards Ms AC, and did not treat Ms AC with respect and courtesy. [110] As I have already noted, the Committee did not consider these aspects of Ms AC’s complaint. For that reason, particularly taking into account the rules of natural justice, it is not appropriate that I hear these matters on review, in e...

  6. INZ (Calder) v Ahmed [2019] NZIACDT 18 (2 April 2019) [pdf, 225 KB]

    ...profession’s code against unlicensed staff communicating on behalf of the adviser. He took a holistic view of his business and it was unavoidable that staff communicated with clients at a level permitted by the law. Since he averaged 80 to 110 visa applications every year, he needed a team to accomplish the work in an efficient and professional manner to meet the deadlines on each application. Unlicensed staff could be actively involved in giving and taking information from cli...

  7. [2019] NZEmpC 37 Derbie v Tranzurban Hutt Valley Ltd [pdf, 674 KB]

    ...or any variation granted under section 30ZA. (2) In any cumulative work day, a driver— (a) may not exceed 13 hours of work time; and (b) must have at least 10 hours of continuous rest time. http://www.legislation.govt.nz/act/public/1998/0110/166.0/link.aspx?id=DLM434622#DLM434622 http://www.legislation.govt.nz/act/public/1998/0110/166.0/link.aspx?id=DLM434622#DLM434622 (3) In any cumulative work period, a driver may not exceed 70 hours of work time. (4) To avoid doubt...

  8. [2019] NZEmpC 12 A Labour Inspector v Daleson Investment Ltd [pdf, 376 KB]

    ...above n 3, at [58]. 16 Fair Work Ombudsman v Australian Sales & Promotion Pty Ltd [2016] FCCA 2804 at [82]. 17 Fair Work Ombudsman v AIMG BQ Pty Ltd [2016] FCCA 1024 at [113]. 18 Preet, above n 3; A Labour Inspector v Prabh Ltd [2018] NZEmpC 110. 19 Preet at [179]. appears that the Authority applied a very significant discount to reflect the plaintiff’s payment following the institution of proceedings, after the substantive determination but before the penalties hea...

  9. LCRO 233/2014 IB v KZ (27 June 2018) [pdf, 204 KB]

    ...by a high degree of public scrutiny. Mr IB says, and I accept his evidence, that KZ were being severely and publicly criticised by a number of policy holders who were dissatisfied with the progress that was being made in managing their claims. [110] It would be unlikely that a senior person in Ms X’s role would not have expectation that she would be facing a rigorous examination from Mr IB when the case arrived at the Court door, and improbable to think that counsel of Mr JM’s ex...