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1. 2016 Decisions of public interest

   ...Recruitment Ltd [2016] NZEmpC 167 A Labour Inspector of the Ministry of Business, Innovation and Employment v Tech 5 Recruitment (Judgment of the Full Court, 16 December, 2016) PREMIUMS – whether employment agreements contained premium clause – s 12A Wages Protection Act – the meaning of “premium” defined – trade-testing costs were premium – employment agreements containing obligations to pay are “seeking a premium” – challenge successful. [2016] NZEmpC 166 Alim v Sky Chefs...

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2. Government seeking feedback on options for creating a new adoption system

   ...we need to change our adoption law? Aotearoa New Zealand's Adoption Act no longer meets the needs of our society or reflects modern adoption best practice. This reform presents an opportunity to create a new system that provides strong safeguards for protecting the rights, best interests and welfare of children. It will also allow us to ensure we uphold our international human rights obligations. We need to change our adoption laws to make sure our tamariki are at the heart. The public’s thou...

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3. CM v RG LCRO 131/2012 (7 September 2015) [pdf, 67 KB]

   ...different descriptions in the chronology and the invoice, and Mr CM’s assertion that the invoice 1 CM v Company A [2011] XXX (HC) at [39]. 2 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 13.1. 3 Rule 11.1. 4 It appears Mr RG did not retain a copy of the invoice he had provided to the Court. Ms UR provided a copy of the invoice in the course of this review. 3 was a “significant piece of evid...

4. KB v JR LCRO 246/2012 (20 May 2014) [pdf, 175 KB]

   ...purposes of the Act, being to protect consumers of legal services and to provide a more responsive regulatory regime in relation to lawyers and conveyancers. At paragraph [30] of that decision he noted: - It would defeat that purpose [of consumer protection] if the legislation were interpreted to exclude from its scope functions which a lawyer routinely undertakes alongside the provision of legal services but these were not considered to be regulated services. In the following para...

5. LCRO 19/2017 VY v WR [pdf, 191 KB]

   ...Act 2006 (the Act) that no further action on the complaint was necessary or appropriate. [27] In reaching that decision the Committee: 5 (a) noted the general principle that a lawyer’s duty is owed to their client so Mr WR had no duty to protect and promote the interests of Mr VY;1 (b) Mr WR, on his client’s behalf, was entitled to take a position that did not accord with that of Mr VY;2 (c) the allegation of fraudulent activity could not be sustained because neither Mr...

6. LCRO 189/2021 KP v MM (10 February 2022) [pdf, 175 KB]

   ...make it necessary for this matter to be dealt with at a hearing in person. [48] The issue to be considered is narrow, and both parties have staked out their positions very clearly. [49] On the basis of the information available, which I have carefully considered, I have concluded that the review may be adequately determined on the papers and in the absence of the parties. [50] I record that I have carefully read the complaint, the Committee’s decision and the submissions filed...

7. DL Ltd v VO [2016] NZDT 952 (17 June 2016) [pdf, 88 KB]

   ...required to do at law. The sale proceeds (being the sale price less the various costs relating to the sale) were deducted off the amount VO owed. [14] ABC also charged DL Limited $287.50 which was described, in its invoice, as “Consumer Claims Protection”. DL Limited included this in the amount it is claiming. [15] There was nothing on the file explaining what this was but it appears from AA’s explanation that this was to cover situations where the person who bought the vehi...

8. BORA Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill [pdf, 283 KB]

   ...the right to bring civil proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. 8. This clause affects the substantive law and does not fall within the ambit of s 27(3), which protects procedural rights [5]. Accordingly, no inconsistency with s 27(3) of the Bill of Rights Act arises. 9. This advice has been reviewed, in accordance with Crown Law protocol, by Ben Keith, Crown Counsel. Yours sincerely Cathryn Curr...

9. ND Ltd v BX & TX [2020] NZDT 1561 (15 July 2020) [pdf, 201 KB]

   ...months and 25 days is $2690.86. In total the amount I find that is reasonable is $12416.98. Was the painting work completed with reasonable skill and care? 11. The relevant law is the Consumer Guarantees Act 1993. The Act provides a number of protections for consumers. Section 28 of the Act requires that where services are supplied the service will be carried out with reasonable care and skill. 12. BX & TX state the work was not supervised as promised, the work was appallin...

10. ES v I Ltd & BI [2024] NZDT 143 (18 April 2024) [pdf, 145 KB]

    ...incurred as a result that she is entitled to be compensated for? (b) Did I Ltd enter into misleading and deceptive conduct when it issued a warrant for the [van] on 11 November 2021? (c) Did I Ltd breach its statutory guarantee to use reasonable care and skill when it issued the warrant? (d) If so, what loss can ES show she has incurred that she is entitled to be compensated for? Did BI misrepresent the [van]when he sold it to ES? If so, what loss can ES show she incurred...