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1. CAC 20007 v Marshall [2013] NZREADT 101 [pdf, 145 KB]

   ...us. [22] On 27 March 2013 the company terminated the defendant’s employment. [23] On 28 March 2013 the defendant met Mr Niles at the Timaru office and returned the keys for the company car and for the four Property Brokers offices under his care. He asked how much money Mr Niles thought was involved and was advised that, at that point, enquiries indicated the defendant owed the company between $5,000 and $6,000. It remains to be seen if the company is insured for the loss. The d...

2. PD v SC LCRO 75/2015 (30 November 2015) [pdf, 163 KB]

   ...issues arising from the Committee’s decision to commence an own motion inquiry. Background [2] The Complaints Service resolved, after receiving a confidential report under 2.8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), to initiate an own motion inquiry into matters involving Mr PD. [3] On the 13 March 2015, the Complaints Service advised Mr PD that: (a) A Standards Committee had concluded that it had jurisdiction to inquire...

3. LCRO 55/2020 MY v KA (5 October 2020) [pdf, 182 KB]

   ...year to respond to Mr KA’s request to correct the spelling of his wife’s name. It held that this was inconsistent with his obligation to act in a timely manner, pursuant to r 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). It said the following: The Committee had …sought to resolve the issue in its correspondence with Mr MY, as there was a very simple remedy for Mr MY to implement. In the Committee’s view Mr MY failed to re...

4. M Ltd v KC [2023] NZDT 26 (2 February 2023) [pdf, 145 KB]

   ...photographs provided of each item in the catalogues, were misleading because he believed the items to be silver when they were not and, instead, they are forgeries. He says that the various fake items are sophisticated forgeries and that the coins are in protective cases which make them appear genuine. 21. However, XT says that the FTA does not place a duty on an auctioneer/auction house to authenticate the goods it auctions, and that M Ltd has not misled or deceived KC the auction ca...

5. [2023] NZEmpC 170 FGH v RST [pdf, 283 KB]

   ...this matter, to award the costs payment would raise an access to justice issue, and would be oppressive having regard to her financial circumstances and the fact she is now a mother in uncertain circumstances. [25] Each of these issues requires careful consideration by the Court. Legal principles [26] The Court’s power to award costs is discretionary, as set out in cl 19 of sch 3 to the Employment Relations Act 2000 (the Act). Regulation 68 of the Regulations provides that in e...

6. Friesen v Accident Compensation Corporation (Issue estoppel) [2025] NZACC 134 (25 August 2025) [pdf, 343 KB]

   ...not be contested in subsequent litigation between the same parties. The rule rests on two foundations: (a) the interest of the community in the determination of disputes and the finality and conclusiveness of judicial decisions; and (b) the protection of individuals from repeated suits for the same cause. [19] Cooper J concluded that Fogarty J was correct to find in the High Court that the South African Judge's findings as to the existence of a partnership and the assets...

7. Tank Trust v Auckland Council & Anor [2013] NZWHT Auckland 15 [pdf, 237 KB]

   ...property is required as an alternative rental in order to provide equivalent alternative Page | 11 accommodation to their current dwelling. Mr Rainey argued that the Council had not explained how the claimants’ household effects could be protected and made safe if they remained in their current dwelling while it is repaired. However the Council is not arguing that all of the household goods should remain on site; it is suggesting that they can be accommodated in the ren...

8. DairyNZ Limited [pdf, 427 KB]

   ...including farm systems and Overseer experts and based on risk of diffuse discharge of N, P, sediment and E.coli. DairyNZ has not specified how and when the stocking rate should be applied. Instead, if stocking rate is to apply to both dairy and drystock, careful assessment of implications and effectiveness is needed, as well as the threshold values chosen. Rule 3.11.4.3 applies a different permitted activity threshold metric for drystock farming compared to that applying to dairying....

9. LCRO 184/2020 BC v NP and RS decision & minute (20 May 2021 & 30 April 2021) [pdf, 257 KB]

   ...the LSO spoke to Mr RS, and also informed him of the Committee’s preliminary view about the complaint. The Call Log records that Mr RS 6 A reference to s 4(a) of the Act and r 2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 5 “offered to provide any further information Standards Committee required, understands that this will be recorded in the decision…”. [31] Both respondents were also informed that the Standards Committee was of t...

10. CW v Accident Compensation Corporation (Claim for cover for mental injury) [2025] NZACC 057 (7 April 2025) [pdf, 338 KB]

    ...enabled ACC to assess this claim. The cover decision as of the date of this letter is a fresh decision. This fresh decision amends the decision dated 10/05/2021. This fresh decision has review rights. Thank you for your patience while we carefully assessed your Treatment Injury claim for cover. … How we made this decision Based on the information we’ve received including the assessment report from Dr Rajendra Pavagada, there isn’t sufficient evidence to show your men...