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1. [2021] NZACC 190 – Barton v ACC (30 November 2021) [pdf, 225 KB]

   ...range of motion, with some tenderness to forced rotation, he walked with a normal gait, and there were no obvious signs of problems in the x-rays. On 19 November 2010, Mr Barton had a left knee replacement. [8] On 4 February 2011, Dr Wilson requested a right hip x-ray, citing Mr Barton’s total hip replacement in 2008 with some “niggly lateral pains”. On 3 referral, Mr Barton saw Mr Fenton on 14 February 2011. Mr Fenton reassured Mr Barton that there was no evidence o...

2. LCRO 223/2020 LD v BD and HW (27 May 2021) [pdf, 219 KB]

   ...processes [15] Ms LD’s complaint was initially assessed as being suitable for the Complaints Service’s Early Resolution Process (ERP). 4 [16] That procedure involves a Standards Committee conducting an initial assessment of a complaint and forming a preliminary view as to outcome. [17] If the Committee’s preliminary view is that the complaint appears to lack substance, a Legal Standards Officer (LSO) will contact the respondent lawyer and inform them of the Committee...

3. Wellington Standards Committee 2 v O'Connor [2023] NZLCDT 18 (8 May 2023) [pdf, 177 KB]

   ...in a small-town firm. We have an impression that the level of supervision was superficial. Mr O’Connor took the view that because he proposed to undertake the work pro bono, there was no need for him to provide a Letter of Engagement. [9] Formal legal work undertaken by Mr O’Connor for Mr Coles included: • negotiations with Public Trust about Mr Coles’ father’s estate and his eviction from his late father’s home; • bail applications; • finding a bail address;...

4. [2022] NZEmpC 136 The Board of Trustees of Southland Boys High School v Jackson [pdf, 248 KB]

   ...resigned and the Board decided not to replace that position; rather, it looked to use the Assistant Principals in an extended capacity. That had implications for the three defendants. They, together with the Head of the Junior School and the Rector, formed the Senior Leadership Team. The Rector retired in 2017 and a new Rector, Mr Coe, was appointed. The relationship between Mr Coe and the three defendants did not go smoothly. [6] In May 2018 the Board put forward a restructur...

5. [2021] NZACC 85 - Fenton v ACC (15 June 2021) [pdf, 195 KB]

   ...seized his assailant’s dogs on the grounds that they were unregistered and had been harassing nearby livestock. [5] According to evidence that the appellant gave at the review hearing, the dogs’ owner arrived as the appellant was leaving the former’s property and there was this exchange: Have you got my dogs? Yes, I have. See you at the pound. [6] The appellant said the owner of the dogs then tried ramming his vehicle or “cutting me off”. [7] At that point t...

6. Auckland Standards Committee 2 v Brill [2022] NZLCDT 3 (21 January 2022) [pdf, 557 KB]

   ...Issue 1 – Was Mr Brill an “employee”? [35] As can be seen from the narration of the background in this decision, Mr Brill has repeatedly told the Law Society that he was an employee of B E Brill Ltd. He has done this in letters, in signed forms, including declarations, and in person at interview. Further, at one point he provided the Law Society with a copy of an employment agreement which he initially presented as being in place between himself and B E Brill Ltd. [36] On...

7. Hoban v Attorney-General [2022] NZHRRT 16 [pdf, 161 KB]

   ...TARAIPIUNARA MANA TANGATA 2 makes it an offence to excite hostility or ill-will or bring into contempt or ridicule a group of persons on the grounds of colour, race, or ethnic or national origins. [2] Section 61 conceives racist hate speech as a form of discrimination in the public sphere directed against a group of persons, not a specific individual. It is unlawful (inter alia) to use in any public place words which are threatening, abusive or insulting if the words are likely...

8. [2021] NZACC 182 – Sutherland v ACC (16 November 2021) [pdf, 363 KB]

   ...operator Receptionist (general). Background [2] On 13 March 2015, the appellant suffered an ankle injury while she was walking on loose metal. She rolled her ankle, causing her to fall to the ground. On 15 March 2015, an ACC injury claim form was filed for a left ankle sprain. [3] At the time, the appellant worked as an executive chef at Revas Restaurant in Whangarei, where she had worked for some eight years prior to her injury and had been employed by the same employer...

9. Webber v Webber - Motungarara A1B and A2 (2023) 468 Aotea MB 90 (469 AOT 90) [pdf, 305 KB]

   ...land modification is required. If a structure or object is placed on or removed from the relevant land, or if the land is otherwise modified or damaged, the factual basis to invoke s 19(1)(ba) of the Act is established. But of course, not all forms of land modification should be susceptible to the threat of injunction. There must be a threshold at which land modification moves into injunction territory. What is that threshold? 20 In Dobson - Edgecombe Block X Section 12B...

10. [2023] NZREADT 16 - CAC 1901 v KC (3 July 2023) [pdf, 158 KB]

    ...fall under the statutory definition. She was not a listing agent and did not receive any commission. She undertook the work on behalf of herself and her husband, who were the vendors. Her work is indistinguishable from that of any other vendor requested by an agent to arrange and meet a buyer on site. If her husband undertook the same viewings, there could be no question it is not real estate agency work. [61] There is a definition of “real estate agency work” in the Act:10 4...