Search Results

1. LCRO 174/2017 DN v CI [pdf, 328 KB]

   ...made an error by not obtaining the School’s consent to the assignment of the Cleaning Contract before the conditions in the Agreement were satisfied; (b) did not give him clear information and advice; and (c) by not contacting the Broker to request the return of the deposit Ms CI did not protect his interests. Standards Committee decision [10] The Committee delivered its decision on 16 August 2017 and determined, pursuant to s 138(2) of the Lawyers and Conveyancers Act 2006 (t...

2. Otimi v Fa'uhiva - Hauhungaroa 1A3 (2019) 401 Aotea MB 102 (401 AOT 102) [pdf, 382 KB]

   ...announcement of the results at the marae, several submissions from concerned beneficiaries have been filed as to the conduct of the meeting by Court staff. In summary, two specific concerns were raised. First, that there were insufficient voting forms which resulted in hand written forms being used thereby raising questions as to the integrity of the vote. 1 Otimi v Fa'uhiva - Hauhungaroa 1A3 (Poukura Pā) (2018) 394 A...

3. Auckland Standards Committee v Hylan [2014] NZLCDT 3 [pdf, 202 KB]

   ...document, entitled “Separation, Parenting, and Maintenance Agreement” (“the Agreement”). The Agreement did not accurately portray the position regarding Mrs S’s matrimonial affairs. Mr Hylan was said to have certified the Agreement as requested, knowing that it did not accurately reflect the true position of the parties to the Agreement. [3] The misconduct charge arose from the allegation made against Mr Hylan that at the time he certified the Agreement he knew:...

4. Fisher v Foster (Costs) [2020] NZHRRT 29 [pdf, 623 KB]

   ...and financial resources. It is therefore essential that the Tribunal does not use its discretion to award costs in a manner which might deter lay litigants (and, for that matter, those represented by a lawyer) from the inexpensive and accessible form of justice which is the hallmark and strength of a tribunal. Simply expressed, the Tribunal must preserve meaningful access to justice. Preserving access to justice [10] The Tribunal sees a range of litigants and types of cases. In a si...

5. Williams v Police (Strike-Out Application No. 2) [2020] NZHRRT 26 [pdf, 696 KB]

   ...partner made application to the Family Court for a protection order. There had been a history of domestic violence between them requiring Police assistance. In furtherance of that application the partner’s Waihi-based lawyer on 20 August 2009 made request to the Police at Paeroa under the Official Information Act 1982 (OIA) for information held by them about Mr Williams and his partner. Responding on the same day the Police provided the lawyer with (inter alia) three pages of Mr Will...

6. Director of Human Rights Proceedings v Sensible Sentencing Group Trust [2014] NZHRRT 21 [pdf, 78 KB]

   ...information about his convictions for sexual offending the SSGT had no reasonable grounds for believing that any of the exceptions in Principle 11 applied to the disclosure. 3 [5.3] On 5 November 2009 the aggrieved person, by his legal adviser, requested personal information from the SSGT being the court documents held by the SSGT and the identity of the person who provided the documents to the SSGT (Principle 6). A decision on that request was not made within 20 working days aft...

7. [2015] NZEmpC 44 Mana Coach Services Ltd v the New Zealand Tramways and Public Transport Employees Union [pdf, 401 KB]

   ...number 17 on a particular day. This run number would determine the driver’s start and finish times as well as the routes to be driven. The matrix roster was constructed taking account of known or anticipated need for passenger bus services, requests for leave, adherence to maximum statutory driving hours and other such factors. [12] Variables, which resulted in alterations to the matrix roster arising within the period between its posting and particular days of duty, might inclu...

8. [2006] NZEmpC AC 53A/06 Graham v Crestline Pty Ltd [pdf, 26 KB]

   ...two-thirds but that the potential range, depending upon relevant circumstances might be in practice from 0 to 100 percent. [4] Crestline emphasises that whilst its legal costs are significant, so too were the litigation stakes. It says Mr Graham’s claims exceeded $480,000. The defendant says its solicitors had to file and serve an application for leave to file an amended statement of defence out of time; to file and serve an application and supporting affidavit to have Crestline...

9. [2014] NZEmpC 207 Canon New Zealand Ltd v Hutchison [pdf, 71 KB]

   ...the conclusion about notice of termination of Mr Hutchison’s employment. CNZL’s challenge was filed with the Court on 6 August 2014. [5] A Minute was then issued by the Court on 11 August 2014 as a result of the plaintiff’s statement of claim being unclear as to whether CNZL sought to challenge by hearing de novo or otherwise. That was because para 3 had indicated that the challenge related only to those parts of the Authority’s determination set out at [24]- [41] (inclusi...

10. AW Ltd v ZD Ltd [2014] NZDT 672 (9 June 2014) [pdf, 23 KB]

    ...breach the implied deadline and therefore breach the contract? [6] What damages, if any, is ZD Limited entitled to? Decision Did the contract include a deadline by which the work needed to be completed? [7] Both parties agree the contract was formed at a meeting on Monday 21 October 2013. They agree the job was urgent. ZD Limited was approaching the two months of the year when it did almost all of its business and it had no website. It had been working on a website...