Search Results

1. [2008] NZEmpC CC 13/08 ANZ National Bank Ltd v Svensson [pdf, 64 KB]

   ...this was a genuine redundancy which justified the bank’s actions. The changed hours proposed to Mrs Svensson were a viable alternative and when she rejected them she became redundant. He also submitted that the process adopted was lengthy, careful, and what a fair and reasonable employer would have done in all the circumstances. [52] Counsel referred to Cameron v Manawatu-Wanganui Area Health Board2 and Niao v Tasman Pulp & Paper Company Ltd3 both of which dealt wi...

2. Matheis v Ling [2015] NZIACDT 91 (08 October 2015) [pdf, 183 KB]

   ...regarding the Act and the Code, and on a day-to-day basis to deal with complex statutory processes. The words “full client file” are unambiguous. Mr Gao, who gave evidence, had no difficulty comprehending what the term meant. The Registrar included careful warnings in the notice regarding the fact it was a criminal offence not to comply in any respect. [28] The submission that the Registrar could see the file was incomplete is a pointer to innocent misunderstanding, is unpersuasive. F...

3. SE v VT, DJ and CM LCRO 163/2014 (11 March 2015) [pdf, 101 KB]

   ...obligations lay with the company, not the BW group. [68] The issue inevitably returns to the question as to whether the Practitioners were able to accept instructions from the BW group. [69] They maintain that the issue of potential conflict was given careful consideration, and stand by their decision. They submit that they were acting for a group of shareholders (former or alleged) who were in dispute with another shareholder. They were not acting for the company, or against the...

4. Tait v Kruger - Tauarau Block (2021) 252 Waiariki MB 180 (252 WAR 180) [pdf, 303 KB]

   ...respondents do not dispute that they have no confidence in the trust structure and the trust chairperson, which is widely known. However, they seek to remain as trustees now that it has been made clear that the role of the marae trustees is to care for the marae lands and buildings and that the trust does not govern the hapū, the hapū governs themselves. They also seek an adjournment of the application for six months to allow them time to develop further legal submissions and to t...

5. LCRO 272/2015 PA v NT, RO and DS (31 August 2018) [pdf, 214 KB]

   ...“(ii) of an incorporated [law] firm, or former incorporated [law] firm; or (iii) of … an employee or former employee [who is not a lawyer] of a [lawyer] or an incorporated [law] firm”. 13 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, Preface, Notes about the rules, Schedule. 12 (3) Mrs FH’s instructions [57] The Trustee Act confers on trustees, including executors or administrators, the power to sell any property vested in the trustees.14...

6. Kooiman v CAC519, Rodgers, Clarke and Cudby [2019] NZREADT 11 [pdf, 287 KB]

   ...and more accessible justice than do the ordinary courts. The imposition of adverse costs orders should not undermine the cheapness and accessibility long recognised as important advantages of tribunals over courts.19 [c] Because of the consumer-protection focus of the Act, access to the Tribunal should not be unduly deterred, and there is a need for a flexible approach. [d] Costs orders should not have the effect of deterring proceedings before the Tribunal. [64] To the best...

7. Phillips v King - Phillips Whanau Trust (2020) 418 Aotea MB 249 (418 AOT 249) [pdf, 260 KB]

   ...homestead and the land and approached Lorraine and Matiu King directly. They say this is bullying behaviour. (e) The applicant and his supporters have not tried to meet with Henare King, as the chairperson of the Trust. (f) They wish to protect the interests of Faith, who spent her life caring for the tupuna and his wife. They say the Trust was established for this very reason, to keep the whānau together. [23] Henare, Lorraine and Matiu King wish the Trust to remain in pla...

8. Auckland Standards Committee 1 v Ms A [2022] NZLCDT 51 (22 December 2022) [pdf, 255 KB]

   ...prohibited materials, we do not find her exam answers to be so similar to the workbook, that we can safely find she obtained direct assistance from them. In this respect, we think 5 Law Society Inspector Mr Strang, in other respects a careful and conscientious witness, later drew an adverse conclusion without sufficient reflection or comparison. Scrutiny of the material available to us in the hearing fails to satisfy us to a point we can positively find that Ms A cheated....

9. 2022-04-01 ORC - Closing Submissions [pdf, 230 KB]

   ...create duplication for persons seeking resource consents under the combined land use and discharge rule from ORC where a QLDC earthworks land use consent is already held. The key concerns appear to relate to process and costs. 9 However, on a careful analysis it is clear that the extent of any “duplication” is small and largely unavoidable given the differing functions of regional councils and territorial authorities. In particular: 3 (a) Ms Hunter, in response to qu...

10. Pio v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 010 [pdf, 240 KB]

    ...discretion. He was taking Voltaren and this did improve his symptoms and by stopping work his symptoms do improve. [13] On 20 November 2015, Mr Earl performed bilateral carpal tunnel releases, stating that “the median nerve was totally decompressed and care taken to protect the recurrent branch”. [14] On 9 December 2015, Mr Earl noted that Mr Pio was doing very well. He stated that Mr Pio would be unable to do heavy work for the next three weeks, but was otherwise discharged...