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1. LCRO 152/2017 CS v GB (22 May 2018) [pdf, 248 KB]

   ...to comply may result in a finding of unsatisfactory conduct against the lawyer concerned.15 (b) Discussion [54] The question is whether Mr GB was required to provide Mr CS with a letter of engagement, and if so, whether he did? [55] Mr CS claims that Mr GB did not provide him with “procedures for handling complaints” or terms of engagement. Mr GB did not respond to this allegation. The Committee did not consider this issue. [56] As noted above, Mr CS first met with Mr G...

2. Jukes v Accident Compensation Corporation (Personal Injury) [2024] NZACC 175 (4 November 2024) [pdf, 258 KB]

   ...physiotherapy with Ms Tracey Walker, Physiotherapist. Her notes recorded Mr Jukes’ discomfort in his neck, thoracic and lower back, and right ankle. [9] On 13 October 2016, a claim for cover for Mr Jukes was lodged by Ms Walker. Cover was requested for lumbar, ankle and right neck sprains. The date of accident was recorded as 10 October 2016. On 17 October 2016, the Corporation accepted cover. [10] On 9 November 2016, x-rays were taken of Mr Jukes’ neck and lower back....

3. Cabinet paper - Initial scope of Crown/Māori Relations portfolio [pdf, 462 KB]

   ...however, that excessive land loss (as well as a wide range of Treaty breaches like the loss of autonomy and control of and access to resources) has harmed Māori social, cultural, environmental and economic development. 4. These historical events form the basis of the claims that the Crown and Māori negotiate to settle. Restoration of the Crown/Māori relationship is one of the Crown’s Treaty settlement negotiating principles. The Crown/Māori relationship is, however, broader than ju...

4. [2017] EmpC 154 Sawyer v Victoria University [pdf, 330 KB]

   ...the matter” referring to the record of settlement. She agreed to temporarily restrict or halt preparing for her cases while he found out if negotiations over the record of settlement were possible. [12] Dr Sawyer wrote to Mr Lloyd, at his request, confirming he could speak to Mr Davenport. She said: “What I said did not amount to a consent to anything more than an interim arrangement not to pursue an adversarial process while Greg Lloyd and Geoff Davenport found out whether...

5. [2017] NZEmpC 45 Ports of Auckland Ltd v Findlay [pdf, 125 KB]

   ...pause to note that Mr Gibson disputes having elevated the original complaint to a “death threat”. Nor is his original letter setting out the allegations crafted in this way. [19] I return to the “death threat” allegation below, as it formed a significant part of the case before the Authority and the company’s position in respect of it developed before this Court; and because it is relevant to an assessment of the application on the de novo challenge. [20] The 21 De...

6. [2012] NZEmpC 188 ABC01 Ltd (formerly Primary Heart Care Ltd) v Dell [pdf, 91 KB]

   ...There is, however, another basis for this submission by the company which must, necessarily, assume that the sovereignty argument fails as it does. 1 [2012] NZERA Auckland 272. [6] The plaintiff claims that there was no privity of contract between the parties so that Mr Dell was never in the company’s employ. It says that he failed to establish this preliminary issue so that the Court has no jurisdiction to deal with the matte...

7. Smallman - Te Rangi Kaiamokura [2015] Chief Judge's MB 188 (2015 CJ 188) [pdf, 340 KB]

   ...the Registrar. The Chief Judge or Deputy Chief Judge may also make such other orders as, in the opinion of the Chief Judge or Deputy Chief Judge, is necessary in the interests of justice to remedy the mistake or omission. [4] The applicant has requested that the order that is the subject of this application be amended. In terms of Tau v Nga Whānau O Morven & Glenavy – Waihao 903 Section IX block 28 and Ashwell – Rawinia or Lavinia Ashwell (nee Russell) 29 , the burde...

8. A v ZN LCRO 321/2012 (29 April 2014) [pdf, 143 KB]

   ...seeks such an order ranges from his statement that the lease (or Agreement to Lease) should have provided for an assessment of the rental at the time the lease was entered into, to assertions that Mr ZN should have advised Mr AX of the right to request a variation to the rental as provided for in the Agreement to Lease. [20] The first observation to make in respect of these assertions, is that they are assertions of negligence, or, in terms of s 12(a) of the Act, conduct that falls s...

9. [2017] EmpC 92 P v A [pdf, 111 KB]

   ...May 2017. C is the People and Culture Manager for A. She is based in the 1 Employment Court Regulations 2000, r 19(2). New Plymouth branch of the defendant company, but her role is to perform the human resources function for the defendant on a national basis. [6] In C’s affidavit, she sets out the circumstances surrounding the defendant’s delay in filing a statement of defence to the plaintiff’s claim. The plaintif...

10. Midlane v Woodberg [2013] NZIACDT 31 (27 May 2013) [pdf, 152 KB]

    ...point of contact in New Zealand, which was the company he had engaged. [17] The importance of this instruction was made clear to Ms Anderson. [18] Ms Anderson advised on the appropriate investor category under which Mr A should apply and the information required to prepare and lodge an “Expression of Interest” form. Mr Midlane explained there may be some delay due to Mr A’s commitments. Ms Anderson said the Expression of Interest could be lodged with copies of the relevant documen...