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1. LCRO 142/2016 TR v YV (28 November 2018) [pdf, 181 KB]

   ...to succeed given HP’s prior claim as the widow of the deceased. [7] Offers to settle were made which Ms OP declined. [8] Ms TR’s complaints are summarised by the Committee as follows:2 7. …Mr YV: (a) was not competent to pursue the claims on behalf of OP; (b) failed to provide appropriate advice regarding OP’s eligibility for legal aid; (c) failed to provide appropriate advice regarding the settlement offers advanced; (d) unnecessarily increased the estate’s lega...

2. Pirini v Ure - Oakura Pa (2020) 425 Aotea MB 237 (425 AOT 237) [pdf, 274 KB]

   ...adjourned, and the applicant was directed to file any further evidence with the Court with a copy to Mr Ure for his response.6 [9] On 21 October 2019 the applicant submitted all evidence in support of the application and confirmed that the information was forwarded to Mr Ure for his response. On 11 November 2019 Mr Ure’s response was received and referred to the applicant for consideration. The application was then fixtured for hearing in February 2020. On 13 February 2020 th...

3. Taylor v Corrections [2018] NZHRRT 35 [pdf, 308 KB]

   ...Corrections’ approach to responding to Privacy Act requests [64] The response to Mr Taylor’s request in the present case [69] Mr Arbuckle – credibility assessment and findings [71] THE REDACTION COMPLAINT – DISCUSSION [75] PERSONAL INFORMATION [78] Interpretation – text, purpose and context [78] About [83] Other interests to be balanced [86] Open texture [91] Context [92] Judicial interpretation of personal information – senior courts [106] Judicial interpretat...

4. [2019] NZEmpC 73 Kazemi v Rightway Ltd [pdf, 446 KB]

   ...Kazemi’s employment. [9] They say that by joining the Programme, Ms Kazemi (directly or indirectly) gained a joint property right in the Client Register that could gain in value over time, and also allowed Ms Kazemi to receive rewards in the form of commission on recurring revenue received from clients who were in the Client Register. [10] They deny the other claims made against them. [11] On the key issue I find that the buy-in fee was a premium, contrary to s 12A of the Wa...

5. [2019] NZEmpC 59 Kazemi v Rightway Ltd [pdf, 446 KB]

   ...Kazemi’s employment. [9] They say that by joining the Programme, Ms Kazemi (directly or indirectly) gained a joint property right in the Client Register that could gain in value over time, and also allowed Ms Kazemi to receive rewards in the form of commission on recurring revenue received from clients who were in the Client Register. [10] They deny the other claims made against them. [11] On the key issue I find that the buy-in fee was a premium, contrary to s 12A of the Wa...

6. EA v NR LCRO 130/2015 (31 October 2016) [pdf, 174 KB]

   ...and hold in strict confidence the contents of her will. She also expressed concern about the firm’s complaint handling process. Mrs EA attached a copy of a letter from Mr EA, email correspondence and a letter from her doctor in support of her request for compensation. [14] Mrs EA says that Ms NR was to have sent her a letter of apology, but she did not receive one. She says that Ms NR should acknowledge her wrongdoing, the upset and harm she caused, and the very serious nature...

7. Waters v Alpine Energy Ltd (Adjournment Application) [2015] NZHRRT 17 [pdf, 59 KB]

   ...Rules, r 9.52 (Issue of subpoenas) in fact provides that orders of subpoena may be obtained “by any party, at any time” after the filing of the statement of claim. While a party requiring the issue of an order of subpoena must file a written request to obtain it, a Registrar “must forthwith issue the order” upon receipt of the request: 9.52 Issue of subpoenas (1) Orders of subpoena in form G 25 to require the attendance of witnesses at the trial to testify or to produce do...

8. McKeogh v Attorney-General [2020] NZHRRT 39 [pdf, 368 KB]

   ...this decision refers only to “spouses” and “spousal deduction”. Legislative developments since the hearing [6] On 26 November 2018 the Social Security Act 2018 came into force. The provisions of that Act are generally the provisions of the former 1964 enactment in rewritten form and are intended to have the same effect as the corresponding provisions in the 1964 Act. See ss 5(10) and 9(3) of the 2018 Act. [7] The former s 70 in the 1964 Act is now re-written as ss 187 to 191...

9. H Ltd v NB [2024] NZDT 843 (20 December 2024) [pdf, 118 KB]

   ...areas. If NB had been advised that these slabs had a more than average amount of fill, that the fill could not be successfully dyed, and that the fill areas were likely to be visible in prominent areas in the finished benchtop, NB could have made an informed decision about whether to proceed or to choose different slabs. c. H Ltd should have explained to NB that with the limited materials available they could not achieve the ‘waterfall’ finish and therefore she should think about w...

10. [2010] NZEmpC 156 Raukura Hauora o Tainui Trust v Nathan [pdf, 53 KB]

    ...that dealt with the misappropriation claim. There was no cross-challenge. The case raises the issue of whether an employer, in the event that misappropriation by an employee can be established, is able to recover the misappropriated funds in the form of damages pursuant to s 162 of the Employment Relations Act 2000 (the Act). The facts [4] The plaintiff is a Maori health provider providing health care services to all people within the boundaries of Tainui. In the South Aucklan...