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1. LCRO 086/2017 AC v BD (15 November 2018) [pdf, 206 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [32] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necess...

2. EMPC Document bundle example [pdf, 125 KB]

   ...the first step is to check the facts and make sure there really is a problem, and not simply a misunderstanding. Either party might want to discuss a situation with someone else to clarify whether a problem exists, but in doing so they should take care to respect the privacy of other employees and managers, and to protect confidential information belonging to the Employer. For example, the Employee could seek information from: • Friends and family • The Ministry of Business, Innova...

3. [2015] NZEmpC 38 Davis v Commissioner of Police [pdf, 109 KB]

   ...That the employer's failure to meet its obligations were not given appropriate weight by the Court. (f) The Court failed to take into account various factors and overlooked significant details. (g) The Court failed to consider the Protected Disclosures Act 2000. [8] Two other grounds were raised in the supporting affidavit dated 19 December 2014. The first was what Mr Davis described as a "crippling cost decision" in which approximately $135,000 (including di...

4. Shrewsbury v Rothesay LCRO 99 / 2009 (13 November 2009) [pdf, 80 KB]

   ...conduct may be made in respect of any of the services that a lawyer offers in the course of his or her practice. [29] Such a stance is consistent with the purposes of the Lawyers and Conveyancers Act 2006. A central purpose of that Act is to protect the consumers of legal services and conveyancing services (s 3). In seeking to attain that purpose s 3(2) proceeds to state that it intends to provide a more responsive regulatory regime in relation to lawyers and conveyancers. I...

5. Cabinet paper - Initial scope of Crown/Māori Relations portfolio [pdf, 462 KB]

   ...Partnership; The Crown and Māori will act reasonably, honourably and in good faith towards each other as Treaty partners. b. Participation; The Crown will encourage, and make it easier for Māori to more actively participate in the relationship. c. Protection; The Crown will take active, positive steps to ensure that Māori interests are protected. d. Recognition of cultural values; and The Crown will recognise and provide for Māori perspectives and values. e. Use mana en...

6. Heng v Yap [2014] NZIACDT 110 (10 October 2014) [pdf, 198 KB]

   ...gain the benefits of New Zealand professional registration. There is no existing decision dealing with Mr Yap’s professional responsibilities in relation to this complaint. It is a different issue to his responsibilities under Malaysian consumer protection law, and will likely have different results. [14] It follows the only effect of the Malaysian Tribunal’s decision here, it to take account of the refund of fees to the extent of RM5,000 as part of the factual matrix when determining...

7. Najib v CAC 403 & Lindsay [2016] NZREADT 51 [pdf, 232 KB]

   ...Any consideration of publication, or restricting publication of a licensee’s name following a disciplinary finding against the licensee must begin with the purpose of the Act. As s 3 of the Act provides, the Act’s purpose is “to promote and protect the interests of consumers … and to promote public confidence in the performance of real estate agency work”. The register of licensees [15] Sections 63 to 66 of the Act deal with the register of licensees, maintained by the R...

8. Zhang v Samsung Electronics New Zealand Ltd (Strike Out Application) [2023] NZHRRT 42 [pdf, 175 KB]

   ...High Court in relation to arguments that, if adopted, would have expanded the ordinary meaning of HRA provisions. In BHP New Zealand Steel Ltd v O’Dea,11 the High Court, while noting that one of the purposes of the HRA was to provide better protection of human rights, held:12 …it would be wrong for a Court to stretch or manipulate the clear words of the statute so as to provide protection in a greater or different area than Parliament has determined should apply. [37] In Tre...

9. [2024] NZEmpC 109 LDJ v EZC [pdf, 249 KB]

   ...under s 149 of the Act. [4] The applicant’s position is that when they signed the settlement agreement, they did not have the requisite mental capacity to do so. It is submitted that the settlement agreement needed to comply with s 108B of the Protection of Personal and Property Rights Act 1988 (PPPR Act) because it needed to be approved by a court for it to be valid, in light of the applicant’s incapacity. The respondent’s position is that the applicant did not lack menta...

10. JR v SW LCRO 91/2014 (27 March 2015) [pdf, 99 KB]

    ...appears to be over-zealous time recording and the rendering of invoices reflecting simply the value of time recorded by the relevant authors with no apparent recognition of the other factors that need to be addressed in Rule 9.1 of the Client Care Rules; and (c) The litmus test being that the fees charged to the body corporate (contrary to [SW Law Firm’s] advice of cost efficiency if that firm was instructed because of Mr SW having undertaken similar assignments) are in excess of...