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1. [2011] NZEmpC 80 NZ Professional Firefighters Union v NZ Fire Service Commission [pdf, 96 KB]

   ...On 2 May 2011 the parties, not having reached agreement in the course of their collective bargaining commenced in late 2010, discussed ways to address this as required by cl 10(a) of the BPA. It was agreed that the Commission would prepare its form of collective agreement which the Union would put to a vote of members. As a matter of law, this would not have been a ratification vote because the parties had not settled a collective agreement and indeed had not agreed upon its conte...

2. Jenner v CAC 10163 & QS - Sanitised [2011] NZREADT 35 [pdf, 123 KB]

   ...September 2010 Jenner (document 55) sent to Vallant Hooker a letter recording that the contract had been signed, enclosed a copy and advised the deposit was held in their trust account and it would be held for 10 working days. [9] When Mr King requested the deposit to be released he provided a deposit slip to the agent Ms Maloney. This was for Nova Construction an entity apparently unrelated to the vendors. Ms Maloney’s evidence was that she did not have anything to do with the m...

3. Gough-Pataua 4B (2011) 19 Taitokerau MB 1 (19 TTK 1) [pdf, 160 KB]

   ...Faith Taha Whanau Trust. They also claim areas within Haukapua. Title history [8] The dispute over ―rights‖ to different parts of the land stems largely from disputed claims about which tupuna lived where, in large part when the land was in former titles. A basic understanding of the title history is therefore necessary. 19 Taitokerau MB 3 [9] Title to the Pataua block of 339 acres was first investigated and determined on 20 September 1877. 1 Ownership was determined in...

4. Practice Note: Lawyer for the Child - Selection [pdf, 180 KB]

   ...the  proposed  lawyer.  This will  include payment of any disbursements. Once an acceptable arrangement has been reached,  the Judge will sign a Minute of Appointment.   6.6   A bill of costs should be rendered  in a form agreed to between the Ministry of Justice and  the New  Zealand  Law  Society.    This will  be  set  out  in  6 minute  time  units  calculated  in  accordance with an agreed hourly rate of remuneration.�...

5. [2014] NZEmpC 33 Fox v Hereworth School Trust Board No 3 Interlocutory [pdf, 120 KB]

   ...in the possession or control of the plaintiff. They are documented communications between her and any other person which took place in the period between 17 July 2009 and 18 April 2012. They are documents related to information that may have formed the basis of a number of statements which appeared in a series of emails sent anonymously to members of the school community from a source known as aromabadlaughs@hushmail.com. These emails contained adverse allegations about the school...

6. BS v YC LCRO 152 / 2010 (13 May 2011) [pdf, 91 KB]

   ...section 12(c) of the Lawyers and Conveyancers Act which provides that conduct which consists of a breach of the Act or any of the regulations or practice rules made under the Act, constitutes unsatisfactory conduct. Overcharging [42] At my request, the Respondent supplied the time-sheet records relating to this file. These are manual records, and the Respondent advised that each file had a time sheet stapled to the inside front cover to be completed by the author as work was c...

7. FI v UY LCRO 254 / 2010 (28 September 2011) [pdf, 89 KB]

   ...retirement village in Wellington. FL was not living in the unit and the Occupation Licence was to be surrendered. In December 2008 it had been agreed that FI’s husband would negotiate the surrender of the Licence with ACT. FI assumed that the unit formed part of the Estate and it does not appear that there was any discussion about the legal principles relating to the ownership of the unit. At that stage, that was of little relevance as FL was the ultimate recipient of the termi...

8. RB v CG LCRO 117/2013 (30 June 2014) [pdf, 56 KB]

   ...deficient, Ms RB refused to pay Ms CG’s outstanding fee of $7,742.37, and on 14 December 2011, she complained to the New Zealand Law Society (NZLS). Standards Committee decision [7] After receiving notice of the complaint against her, Ms CG requested information from the police, believing she was still acting for Ms RB. Ms RB says after she received advice from the other lawyer about the protection orders, she lost confidence in Ms CG and would never have gone back to her for a...

9. Hide v Official Assignee (Discovery) [2018] NZHRRT 6 [pdf, 172 KB]

   ...general rule is that a party cannot be compelled to call a particular witness. If the opposing party wants any witness to attend the hearing, a witness summons can be applied for. The process by which this is done is explained in Annexure A “Requesting a Witness Summons”. Particular attention is drawn to the need for the Tribunal to be satisfied the intended witness can give material evidence. Ordinarily this means a written application must be made to the Tribunal by the pa...

10. VS v CN 51/2016 LCRO [pdf, 151 KB]

    ...emailed Mr VS and Mr DL explaining that the documents were moderately complex because of the “large number of conditions precedent on the sale and purchase” and the lease being a “non- standard” New Zealand lease.7 Mr CN requested further information, and said he would provide a full report. [8] Mr CN and a solicitor on his team, Ms TR, then undertook a careful review of the agreement and lease and provided their comments to Mr VS and Mr DL by email dated 20 October 2015....