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1. [2007] NZEmpC WC 15/07 Auto-Movements (NZ) Ltd v Eveleigh [pdf, 52 KB]

   ...windfall. [38] The position in relation to employment agreements has long been distinguished from commercial constraints for reasons of differing bargaining positions. There is also a need for an employer to show a proprietary interest that needs protecting beyond the duration of the period of employment. Only if an employer can establish that a restraint is necessary to protect trade connections or secrets or confidential information, is a restraint of trade justified. As the au...

2. M D Cottle Family Trust & Anor v CAC20002 & Anor / Barnett v CAC20002 & Ors [2015] NZREADT 74 [pdf, 142 KB]

   ...required to complete the appropriate further training as a pre- condition. [15] The Authority submits that our discretion to order a licensee to refund commission in whole or in part is an important consumer remedy in what is, of course, a consumer protection Act, and Committees and we are able to have recourse to it in a wide variety of circumstances. He adds that a refund does not necessarily always follow as a matter of course if there has been a breach of s 126, although it will ofte...

3. Eppanapally v Zhou [2015] NZIACDT 84 (27 August 2015) [pdf, 189 KB]

   ...consider it is not appropriate or necessary to impose a financial penalty. As discussed, orders for compensation and refunds of costs are inevitable and not discretionary decisions based on Ms Zhou’s financial position. [31] The remaining elements are protection of the public and the potential for rehabilitation. Ms Zhou is not currently practising, it may well be that she will not practise again. In appropriate circumstances, Ms Zhou could properly return to the profession. The complai...

4. [2018] NZEnvC 043 Royal Forest and Bird Protection Society v Northland Regional Council [pdf, 5.2 MB]

   ...application under section 76 of the Biosecurity Act 1993 in relation to the proposed Northland Regional Pest and Marine Pathway Management Plan of a Notice of Motion under section 291 of the Resource Management Act 1991 ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2017 -AKL-140) Appellant NORTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner SK Prime Environment Commissioner RM Dunlop Hearing: Auck...

5. Shihaku v Mizoguchi [2019] NZIACDT 24 (24 April 2019) [pdf, 169 KB]

   ...complaint and any appropriate sanctions cannot be ousted by agreement between the parties, the Tribunal accepts that the position agreed between the Registrar and Mr Mizoguchi is appropriate. The Registrar’s views as to how the public can best be protected carries considerable weight in the Tribunal. Furthermore, Mr Mizoguchi remains subject to supervision. It is readily apparent that he has gone to considerable lengths to undertake training and to change his systems and practi...

6. Water Services Bill [pdf, 214 KB]

   ...and the penalty levels. 23. Strict liability offences are more easily justifiable where they are in the category of ‘public welfare regulatory offences’. In the context of regulated activities, people are expected to meet certain standards of care. The strict liability offences in the Bill arise in the context of ensuring the safety of drinking water. The regulation of a safe water supply is in the public interest, and failure to follow legislative requirements undermines the core pur...

7. Waikato Bay of Plenty Standards Committee 2 v Leach [2024] NZLCDT 27 (30 August 2024) [pdf, 168 KB]

   ...behaviour in this regard must be every lawyer’s unchanging practice. A barrister handling client funds directly needs to be even more cautious. Should you seek to re-enter the profession, the Tribunal has directed that you comply with further protective and educational orders, to protect against a repetition of the events which led you to this point. This Censure remains a permanent part of your record as a lawyer.

8. [2025] NZLCDT 31 Auckland Standards Committee 2 v Ms M (18 June 2025) [pdf, 119 KB]

   ...[22] Ms M described how she had lived for more than seven years: …under conditions of extreme psychological pressure, and the constant and credible fear of danger from my ex-husband. I lived through court hearings, police interventions, breached protection orders, and constant sleepless nights. There were many nights when I barricaded my children (then only 5 and 7 years old) and myself inside a bedroom, pushing furniture against the door, hearing him outside, praying we would be saf...

9. [2017] NZEnvC 053 Federated Farmers of New Zealand v Mackenzie District Council [pdf, 17 MB]

   ...PC13(pc). Te RDnanga 0 Ngai Tahu [21] Te ROnanga 0 Ngai Tahu ("TRoNT") and Arowhenua Runaka lodged a notice expressing concern that their roles and values in relation to Te Manahuna (the Mackenzie Basin28 ) under the RMA are not adequately protected by PC13(pc). It is important (for jurisdictional reasons) that TRoNT lodged a submission on the original PC13 as notified. Environmental Defence Society Inc and Mackenzie Guardians [22] These two societies lodged submission...

10. Wallis & Anor as Trustees of The Seaview Trust v Wet-Seal NZ Ltd [pdf, 117 KB]

    ...dwelling. 43. The agreement for sale and purchase was not provided in evidence and no information was supplied as to representations or special clauses. 44. Whatever duty Mr. Searle had in contract, he had a duty in tort to exercise reasonable care to achieve a sound building. In the words of Baragwanath J in Dicks (supra) [32] the duty was owed as developer (Mt Albert Borough Council v Johnson [1979] 2 NZLR 234), and as builder (Bowen v Paramount Builders (Hamilton) Limited [1977] 2 N...