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1. BORA Financial Markets Conduct Bill [pdf, 474 KB]

   ...would be regulated offers but for the exclusions referred to in cl 12 (small offers) and 16 (small schemes) of that Schedule (exceptions apply). Section 14 – Right to freedom of expression • The right to freedom of expression extends to all forms of communication, including commercial speech such as advertising. [13] Overseas case law suggests, however, that not all forms of expression are equally deserving of protection and commercial expression is considered to reside not at...

2. Robinson v ACC [2012] NZACA 12 [pdf, 637 KB]

   ...Corporation also left the question of compensation open, so that if further information was located, the excluded periods could be revisited. [14] The periods for which compensation was paid were calculated by reference to the WINZ reimbursement requests. The periods for which WINZ paid a benefit were accepted as confirming that the appellant had no earnings for those periods, but the periods where no benefit was paid were excluded. Some periods were ultimately paid, leaving the three p...

3. Smith - Waiomu 3B2B2B3B2(2015) 105 Waikato Maniapoto MB 12 (105 WMN 5) [pdf, 185 KB]

   ...to the block must be made by consulting the owners in hui, and obtaining a resolution from them. [6] B2 has road frontage on Waiomu Valley Road but this has never been used as access, and all dwellings built on B2 have been accessed by way of informal access from Pohue Creek Road over 1B. This informal access was agreed upon between the then trustees of B2 and a representative of the owners of 1B, Henry Beynon, at least as early as the 1980’s. The issue facing the B2 trustees is...

4. [2011] NZCA 564 CA780/2009 Parker v Silver Fern Farms Ltd Anor [pdf, 177 KB]

   ...respondent, 1 at its Oringi works. On 31 October 2007, a private investigator employed by Silver Fern found cannabis in Mr Parker’s car. Mr Parker left the works before Silver Fern’s enquiries could proceed. This was despite Silver Fern’s request that he stay on site and the union representative’s recommendation that he should do so. Mr Parker was then absent from work on medical advice for about five weeks. When he eventually sought to return to work, Silver Fern made i...

5. SW v Standards Committee LCRO 371/2013 (14 September 2015) [pdf, 104 KB]

   ...information to form a view on that matter. That aspect of the Committee’s decision is not challenged by Mr SW on review. [42] Argument that Mr SW was unaware of the nature of the advance, and took deliberate steps to ensure that he remained uninformed, must be directly addressed. [43] If Mr SW’s argument is accepted that at the time the funds were advanced he deliberately avoided any discussions with the parties which would have drawn to his attention the basis on which Mr TX...

6. AS v ZI LCRO 71/2012 (21 March 2014) [pdf, 188 KB]

   ...and functions to a two-person sub-committee pursuant to s 184(1) of the Lawyers and Conveyancers Act 2006 (the Act), and asked the sub-committee to carry out a cost revision of the invoices rendered to Mr ZI by the firm. [22] The delegation requested the two costs assessors to (inter alia) comment on the fee and whether it is fair and reasonable; if appropriate, specify a fair and reasonable fee; and to comment on “anything else which … might assist the Standards Committee...

7. Gardiner v Corringe - Tauwhao Te Ngare Block (2008) 93 Tauranga MB 63 (93 T 63) [pdf, 4.7 MB]

   ...debt." [37] There are however other deftnitions of "demand", see for example in Jowitts Dictionary of English Law and the Encyclopaedic Australian Legal Dictionary which would seem to indicate that a "demand" signiftes a request or assertion of a legal right, addressed to a person to do or refrain from doing something or give something after request has been luade. Adopting those deftnitions the type of proceedings contemplated in this application fall outsi...

8. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...the fees charged excessive? [51] There are two elements to Mr SW’s fee complaint. Complaint is made that the fee charged exceeded the estimate provided and that the fee could not be considered reasonable when the work had not been competently performed. [52] I do not consider that any conduct issues have been established arising from allegation that the lawyers provided a fee estimate which was significantly exceeded. 8 Lawyers and C...

9. Cost Benefit Analysis: AML Phase 2 [pdf, 105 KB]

   ...was removed from the EU white list of counties over a perception about the country's weak money laundering and terrorism financing controls. This affected the ability of EU trading partners to accept and acknowledge customer identification performed in New Zealand, leading to increased compliance costs for trading with the EEC. This list no longer formally exists, so it is not clear whether recent changes to the NZ frameworks around trusts, ML, and incorporation would have been suffi...

10. [2013] NZEmpC 235 Young v Bay Of Plenty DHB [pdf, 181 KB]

    ...the Board to Mr Young on the subject of his protected disclosure. This letter advised that the General Manager of Governance and Compliance, Gail Bingham, had completed her investigation. Ms Bingham advised Mr Young that, in the absence of any requested specific examples of his complaints about “organisational culture”, the Board acknowledged that there had been issues such as those complained of by Mr Young but that strategies had been put in place to deal with those. Ms Bin...