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1. [2022] NZEmpC 60 The Chief of New Zealand Defence Force v Darnley [pdf, 200 KB]

   ...above n 8. 17 At [33]. 18 See for example Auckland Council v Mawhinney [2014] NZHC 906. 19 Taylor v Roper [2021] NZCA 691. 20 Nottingham, above n 6 21 See above at [11]. 22 R v Palmer CA334/03, 18 October 2004 at [29]. [27] This claim had already been through the Authority’s investigation process before it came to the Court in the form of a de novo challenge. The Court’s hearing was adjourned following the completion of the evidence and approximately three to f...

2. [2023] NZEnvC 247 Kuku Holdings Limited v Marlborough District Council [pdf, 226 KB]

   ...AMAs at all in Tawhitinui Bay. Subject to appeals, when the plan is made operative, marine farming in Tawhitinui Bay would become a prohibited activity.12 [13] The appellant says that as soon as it was aware of the decision on Variation 1, it requested an adjournment of the hearing.13 [14] The appellant says that the reduction of the number of long lines in its proposal and the submerging of the long lines, were genuine attempts to reduce the effects of the proposal. It submits th...

3. The Registrar of Immigration Advisers v Niland [2018] NZIACDT 52 (21 December 2018) [pdf, 262 KB]

   ...this way. [3] The essential issue to consider is whether Ms Niland set up a business practice to deliberately circumvent her professional obligations or whether, as her counsel contends, she was careless in permitting staff of the company to perform immigration services which only a licensed adviser can undertake. BACKGROUND [4] Ms Niland is a licensed immigration adviser. Her company is Visas NZ Ltd. She is based in New Zealand. [5] Ms Niland’s business relationship with...

4. [2020] NZIACDT 49 - HQT v Singh (19 November 2020) [pdf, 309 KB]

   ...application commences [27] Also on that day, Mr Singh started the on-line partnership-based visitor visa application. [28] According to the activity log, on 27 February 2019, Colin rang the complainant regarding a query on further documentation requested by Mr Singh. [29] Further documents were sent by the complainant to Provisas on 27 February and 5 March 2019. [30] The complainant sent an email to Provisas on 11 March 2019 asking whether what he had sent was acceptable, whet...

5. [2018] NZEnvC 005 Vipassana Foundation Charitable Trust Board v O'Brien, Pichler, Auckland Shooting Club Inc [pdf, 362 KB]

   ...properties is sought for the purposes of ascertaining compliance with both the undertakings previously given to the Court by the First Respondent and the new earthworks presently underway. Counsel notes that the assistance of the Police will be requested. g) Counsel submits that the earthworks should be subject to independent assessment and appraisal. [5] The Council says that the information sought from it has already been provided to the applicants under the Local Government Off...

6. [2009] NZEmpC AC 22/09 EBIIWU & Ors v Carter Holt Harvey Ltd [pdf, 42 KB]

   ...prefer the latter. That is not because the plaintiffs’ witnesses tried to mislead the Court. Rather, their recollections of events, now almost 3 years ago, was more vague and their understanding of what is at least a quasi-legal process for the formation of effective collective agreements, is less acute and informed than that of the other witnesses. [23] I accept the plaintiffs’ evidence that what was discussed at the ratification meeting on 21 July 2006 was the content of the...

7. Auckland Standards Committee 2 v Burcher [2020] NZLCDT 18 (30 June 2020) [pdf, 145 KB]

   ...client or third person, will be relevant to the assessment (footnotes omitted). Having said that, we are dealing here with the 3 Auckland Standards Committee 1 v Fendall [2012] NZHC 1825. 4 performance of legal work while suspended. Limited tolerance only is to be afforded to such conduct.”4 (emphasis ours) [11] In referring to particulars nine, six, seven and eight, His Honour referred to Mr Burcher having “clearly crossed t...

8. LCRO 65/2019 PT v [Area] Standards Committee [X] [pdf, 164 KB]

   ...Conduct and Client Care) Rules 2008 (the Rules) that dealt with two matters involving conduct on the part of Ms PT (the report). The Committee requested information from Ms PT, considered the report and the information Ms PT had provided, and formed the view that Ms PT’s conduct in respect of one of those matters – sending herself an email attaching confidential information – would be regarded as unacceptable by lawyers of good standing. A finding of unsatisfactory conduct w...

9. [2010] NZEmpC 52 Vice-Chancellor of Massey University v Wrigley & Anor [pdf, 27 KB]

   ...to which the substantive case concerns. Counsel submitted that this would defeat the purpose of the proceeding. There are, however, two separate issues. The first is whether the defendants ought to have been given these documents when they requested them before their dismissals for redundancy. That is the question for decision in the substantive proceeding. The second question is both distinct and governed by statute and case law. It is whether, in proceedings to determine wh...

10. Fetherston v REAA & Milne [2013] NZREADT 12 [pdf, 31 KB]

    ...after deduction of commission, (and with the agreement of both the vendor and purchaser’s solicitors) the balance paid to the vendor. The complainant and his wife took possession in April 2010. However the trust did not settle in March 2011 and requested a month’s extension for settlement. The vendor did not grant this. Subsequently an order was brought for possession by the vendor. On 29 September 2011 the High Court granted the vendor possession of the property and cancelled th...