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1. [2021] NZEmpC 35 Radford v Chief of New Zealand Defence Force [pdf, 415 KB]

   ...Zealand Defence Staff (Washington). The move was an internal one and the position was not advertised, but a new employment agreement was signed. [16] Ms Radford worked as a Personal Assistant until she successfully requested a return to her former position. Her return was effective from 20 August 2012. Another employment agreement was signed to record the move back to working in the Finance/Administration role. [17] In what would begin the final stage of Ms Radford’s empl...

2. BAB v PW LCRO 4 / 2011 (14 August 2012) [pdf, 119 KB]

   ...that role. [34] However, there is a threshold below which a lawyer should not assist in interfering with the rights of others. That is the purpose of the Rule. A lawyer must be able to point to an assessment of the grounds on which he or she formed the view that a caveatable interest existed. The Standards Committee must consider this reasoning and form a view as to the merits of that decision. Otherwise the Rule would have no relevance or substance in these circumstances. [35]...

3. BD Ltd v YW [2013] NZDT 654 (28 November 2013) [pdf, 114 KB]

   ...LIMITED APPLICANT AND YW RESPONDENT Date of Order: 28 November 2013 Referee: Referee Reuvecamp ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed Facts [1] The applicant claims $5,202.37 in respect of goods to the value of $3,917.17 supplied to ABC Limited (“ABC”, company number #####) during 2011 and interest and enforcement costs. The company is now in liquidation. The applicant claims that the respon...

4. BORA Rongowhakaata Claims Settlement Bill [pdf, 279 KB]

   Rongowhakaata Claims Settlement Bill 15 February 2012 ATTORNEY-GENERAL Rongowhakaata Claims Settlement Bill (PCO 14005 version 3.9): Consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/166 1. I have considered the current draft of this Bill for consistency with the New Zealand Bill of Rights Act 1990 (“the Bill of Rights Act”). I conclude that the Bill appears to be consistent with the Bill of Rights Act. This advice addresses issues which arise in...

5. DQ v Z Ltd [2021] NZDT 1634 (2 July 2021) [pdf, 228 KB]

   ...for inspection. They did not communicate with or consult with DQ over its disposal or tell him prior that they may potentially dispose of it after the inspection. 18. Further I do not accept that Z Ltd’s collection of the item for inspection formed part of the original contract of carriage. That carriage was at an end once the toilet was delivered to DQ. Therefore Z Ltd’s terms and conditions did not apply beyond that time. 19. The tort of conversion occurs when one party inte...

6. ED v CC [2022] NZDT 228 (25 November 2022) [pdf, 206 KB]

   ...TRIBUNAL District Court [2022] NZDT 228 APPLICANT ED RESPONDENT CC The Tribunal orders: The claim is dismissed. Reasons: 1. CC emailed ED regarding the purchase of quail eggs and quails. 2. ED replied sending some information and proposing some dates to send a breeding group of quails, eggs and feed. 3. CC responded saying that she would love to proceed and asking if she could get the birds a little later. She also asked ED for his recommendation abo...

7. Brooking v Henderson - Wharekahika A47 (2022) 110 Tairawhiti MB 238 (110 TRW 238) [pdf, 497 KB]

   ...Trustee and other elected trustees. The Māori Trustee’s administration over the trust ended in December 2018 and a separate group of trustees took over management of the trust. I was nominated and appointed as a trustee in February 2015 and formally appointed by the Māori Land Court in October of 2015. I was voted in as Chair in May 2016. Since my appointment as Chair, we have held numerous trustee hui and have held AGM’s in all years except 2017 as we were awaiting a report...

8. TTPPR-1 Notice giving prescribed information for defendant served in Australia [pdf, 1.7 MB]

   Form 1 r 6 Notice giving prescribed information for defendant served in Australia SECTIONS 8(1)(A) AND 15 TRANS-TASMAN PROCEEDINGS ACT 2010 (NZ) IF THE PERSON TO BE SERVED IS NOT DESCRIBED IN THE INITIATING DOCUMENT AS A DEFENDANT, SUBSTITUTE THE CORRECT DESCRIPTION IN THE HEADING OF THIS NOTICE. Please read this notice and the attached document very carefully. If you have any trouble understanding them, you should get legal advi...

9. Vikashwarjeet v Devi [2014] NZIACDT 27 (17 March 2014) [pdf, 102 KB]

   ...licence, she did not tell them and arrange for continuing representation. [4] The adviser generally disputes the facts alleged in support of the complaint, and claims she delivered professional services properly. She says the complainants withheld information about the character issue, which was not her fault. [5] The Tribunal has accepted the account given by the complainants and upheld the complaint. The complaint [6] The material allegations in the complaint were set out in the St...

10. Audit-and-monitoring-policy [pdf, 376 KB]

    ...Legal professional privilege Information contained in the provider’s files is legally privileged, however section 109 of the Act provides that legal privilege does not prevent, limit or affect the provider producing a file, record or document requested during audit. Information that is subject to legal professional privilege and produced for the purposes of an audit or investigation must not be used in: • any proceedings against the client; or • any way that is detrimental to...