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1. Complaints Assessments Committee (CAC 409) v Wong NZREADT 16 [pdf, 175 KB]

   ...licence between June 2013 and June 2015. In an application to revive his licence, Mr Ganesh stated that he expected to be working for Mr Wong. [5] When Mr Wong closed the Agency’s office premises, he allowed Mr Ganesh to take listing agreement forms carrying the Agency’s branding. Mr Wong also allowed Mr Ganesh to use the Agency’s trust account for real estate transactions, on the basis that he would receive a fee of six percent of the commission received by Mr Ganesh on e...

2. Flutey - Papatupu 2A No 2 (2017) 363 Aotea MB 258 (363 AOT 258) [pdf, 264 KB]

   ...discussed at the last hearing. If they wish to make submissions on what if any deductions should be made for the costs of planting and maintaining the forest then they should do so within the timeframe specified, noting the earlier adjournment and the request for submissions then. Evidence in support of any alternative position should also be filed within one month. … [32] Should no response to this direction be received from Mr Parker or his clients then I give notice now that...

3. Auckland Standards Committee 5 v Van Noort [2017] NZLCDT 21 [pdf, 286 KB]

   ...the complainants still viewed the practitioner as their lawyer. 15 On 1 August 2016, PE emailed the practitioner advising that the complainants would be selling the property. In one of the following emails the practitioner offered to prepare tax forms so the property was ready for the purchasing solicitor, without charge. 16 Problems then arose with the complainants being led to understand that the practitioner had been obstructing viewers and putting them off purchasing the property....

4. BORA Parole Amendment Bill [pdf, 314 KB]

   ...5) in the interest of community safety. 9. The Bill provides for the retention of unattended hearings in very limited circumstances.[24] This does not infringe an offender’s right to natural justice (s 27(1)) as they will have the right to request to attend and make submissions. 10. This advice has been prepared in consultation with Daniel Perkins, Associate Crown Counsel. In accordance with Crown Law protocol, it has also been peer reviewed by Austin Powell, Crown Counsel....

5. [2017] NZEmpC 163 Briscoe v Oceania Dairy Ltd [pdf, 192 KB]

   ...benefit of a performance appraisal, was not treated with dignity and respect, and was not provided with adequate information about key performance indicators for her job. It is possible that other aspects of the management of Ms Briscoe’s work formed either parts of these claims or separate allegations of unjustified disadvantage. [6] The Authority dismissed all of these alleged grievances because they had been raised outside the 90 days allowed for doing so in the Employment Rela...

6. Director of Human Rights Proceedings [Lightbody] v Corrections (Joinder of Second Defendant) [2018] NZHRRT 32 [pdf, 234 KB]

   ...relevant events and at least two CCTV cameras recorded the alleged assault and associated aftermath. Subsequently the footage from at least one of the CCTV cameras was deleted or lost. [6] When in December 2015 Mr Lightbody made an information privacy request for a copy of the CCTV footage relating to the incident for the purposes of considering a civil claim against Corrections, Corrections declined, relying on s 27(1)(c) and s 29(1)(a) of the Privacy Act 1993 (PA). It claimed disclo...

7. LCRO 140/2017 ZS v XD (23 July 2018) [pdf, 107 KB]

   ...Law Society (NZLS). Complaint [6] Ms ZS’ complaint to NZLS sets out her concerns over Ms XD’s conduct of her matter. The complaint was determined with input from Ms XD. The Committee’s view was that Ms ZS had not provided sufficient information to prove her complaint. Review application [7] Ms ZS applied for a review saying that Ms XD had acted for her without her consent, had obtained a further psychologist’s report without consulting her, and had charged legal ai...

8. [2018] NZEmpC 95 Tourism Holdings Ltd v A Labour Inspector [pdf, 351 KB]

   ...Schollum. [18] In declining to remove the matter to the Court the Authority relied on Schollum for the proposition that a factual inquiry is required to determine whether, in the circumstances of any particular case, an incentive-based payment forms part of the employee’s ordinary weekly pay for the purposes of calculating holiday pay. I agree a factual inquiry is needed, but Schollum provides only limited guidance as to whether the incentive payments in this case ought to be i...

9. Vertongen v The Real Estate Agents Authority (CAC 413) and Dunlop [2018] NZREADT 44 [pdf, 235 KB]

   ...the second half of March 2016, the appellant was in contact with Craig Dunlop in respect of a number of issues identified upon taking possession. In the course of email exchanges on 30 March 2016, Craig Dunlop advised the appellant that further requests from the purchaser needed to be directed to the vendor, James Dunlop, whose email address was provided. [12] On 6 May 2016, the purchaser contacted the agency raising a number of further health and safety concerns with the property,...

10. Plant Variety Rights [pdf, 210 KB]

    ...the Treaty of Waitangi. 5. Our analysis largely focuses on the right to freedom of expression and the right to freedom from discrimination. We considered whether the various provisions of the Bill that require individuals to provide or disclose information in relation to ‘plant variety rights’ (PVRs) and compulsory licences, and in relation to hearings conducted by the Commissioner of Plant Variety Rights (the Commissioner), engage the right to freedom of expression. We also consid...