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1. LCRO 36/2018 AA v SM (19 December 2018) [pdf, 250 KB]

   ...is otherwise unsuited to engage in practice as a lawyer or an incorporated law firm”. 38 Section 6. 39 Section 6. 40 EA v BO LCRO 237/2010 (19 September 2011). 41 CX v WZ LCRO 251/2010 (20 June 2011) at [31] to [34]. 42 Morpeth v Ramsey LCRO 110/2009 (12 November 2009) at [2]. 18 Independent judgement and advice [102] The rules describe “[t]he relationship between lawyer and client is one of confidence and trust that must never be abused,”43 and require that a lawyer’s...

2. LCRO 20/2017 AP v RE (20 December 2018) [pdf, 243 KB]

   ...submissions [109] To support each of these issues of complaint, Mr LN prepared and produced a helpful chronology of key events during Mr AP’s retainer with Mr RE, together with a commentary on each event. That chronology has been carefully read. [110] There were two parts to Mr RE’s retainer: (a) Obtain files and funds from Mr W. This however developed, with Mr AP’s authority, into Mr RE acting for Mr AP in the child support/notices of claim issue, which Ms Z had placed ba...

3. LCRO 52/2017 BL v JC (30 November 2018) [pdf, 332 KB]

   ...plus GST and disbursements” which took account of “some duplication in reviewing the easements”. [109] He says he offered to reduce his 12 July 2016 invoice, which he considers was “on the light side”, by $100. (iii) Discussion [110] Whilst it is open to me to return the question of whether Mr JC’s 12 July 2016 invoice was fair and reasonable to the Committee for consideration, in my view the further delay that would be encountered by doing so would be inconsistent...

4. MfE - Supplementary - T A D Ensor - Planning (18 March 2021) - Appendix A [pdf, 366 KB]

   ...a tributary of the Park Burn via a perched pipe. Water abstracted from the lower 98526 intake flows down a branch race for approximately 80m before joining up with the main race. A race overflow and telemetry station are located around 70m and 110m downstream of this race junction, respectively.32 [067] The s42A author noted that unlined water races can experience losses of up to 10% due to seepage and evaporation. She recommended that a consent condition be imposed that a scheme ma...

5. Offord v Patel [pdf, 90 KB]

   ...causes of damage. It was Mr Patel’s responsibility as the developer and the project manager to carry out and ensure that the building works of the house were carried out in accordance with the Building Consent and the Building Code. [110] The third respondent’s role was to inspect as it progressed the building work of the house and grounds. The Tribunal has held that there were failures by the third respondent in respect of inspecting and observing errors in the constru...

6. [2019] NZEmpC 145 A Labour Inspector v Parihar [pdf, 368 KB]

   ...holiday pay on termination of his employment. 63. V worked on some public holidays when the store was open. He did not receive time and a half for working on a public holiday and did not receive an alternative day off. 64. In total V was owed $6,110.00 in minimum wage arrears and $2,294.27 in arrears of holiday pay by the defendants. The defendants paid those arrears in full on 8 November 2018. G 65. G was employed by the defendants from May 2017 to July 2017 at Super Liquor...

7. LCRO 228/2016 SP v QH (27 June 2019) [pdf, 324 KB]

   ...[109] On review, both Ms SP and Mr QH were in agreement that the Committee misdirected itself in concluding that the third limb of Mr QH’s complaints, was concern that an invoice for preparing a will in 2007, was provided to Mr QH in 2015. [110] Mr QH says that: my complaint was not in respect of an invoice for my 2007 will. My complaint was in respect of the older invoices set out on the statement [SP] sent me in her letter of 10 November 2015, which I have never before received...

8. [2019] NZEmpC 153 Savage v Wai Shing Ltd [pdf, 545 KB]

   ...that the breach was deliberate, specific deterrence must be considered. Financial circumstances [109] No evidence has been placed before the Court to indicate that the company would be unable to meet a fine. Clean hands/good faith issue [110] Mr Hammond submitted that Mr Savage did not have clean hands, and/or his behaviour did not demonstrate good faith on his part, and that these were relevant considerations. He referred to what was described as a covert recording of the...

9. Kek, Bayley, Bayleys Real Estate Ltd v CAC409 & C & S Morris [2019] NZREADT 26 (20 June 2019) [pdf, 278 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2019] NZREADT 26 READT 005/19 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN AH T’NG KEK, MICHAEL BAYLEY and BAYLEYS REAL ESTATE LIMITED Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 409) First Respondent AND CARLTON MORRIS and SUSAN MORRIS Second Respondents (not participating in the appeal) Hearing: 30 May

10. [2020] NZEmpC 222 Flashoff v New Zealand Technology Group Hawkes Bay Ltd [pdf, 311 KB]

    ...and/or to attempt to protect confidential information for a long period is not practical or fair. Generally, interim injunctions are made to preserve a status quo for a relatively short period until the hearing. That would not be the case here. [110] It is unclear whether the Authority was required to consider any of these factors. In my view, on the Court’s independent assessment they point strongly to the balance of convenience lying with the respondents. [111] Finally, I re...