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1. LCRO 3/2024 RP v TG (21 May 2024) [pdf, 262 KB]

   ...in January because her son was to commence university studies in 2021. [6] The applicant says it was not until 19 December 2020 when she came from [City 1] for a full day looking at various properties accompanied by her broker that the broker informed her of the property being built. She decided to buy it after she returned to [City 1] and signed the purchase agreement at 11pm that evening. She says that one influencing factor was that the foundation work had already been done and she...

2. [2024] NZIACDT 17 – LB v Luv (23 May 2024) [pdf, 298 KB]

   ...terminate this agreement under this clause, We will be entitled to be paid a fair and reasonable fee as agreed. 19. COMMUNICATION 19.1 Our method of consultation is via email to avoid any miscommunication. Office and phone consultations can be requested but are at the discretion of the Adviser. Response times will be in order of urgency and in order of client communication received. Communication will normally be between business hours of Monday to Friday 9am to 5pm. Our office is cl...

3. Moeahu v Winitana - Waiwhetu Pa No 4 (2013) 310 Aotea MB 172 (310 AOT 172) [pdf, 214 KB]

   ...investigation of the trust’s finances and approval processes be completed. Stephen Bell of KPMG, Auckland was commissioned to complete the forensic review by letter of engagement dated 8 June 2012. The report was completed by KPMG in draft form on 6 September 2012 and circulated to the trustees for their information and comment. [11] The substantive hearing was held on 18 January 2013. 6 Mr Winitana, through counsel, filed detailed written submissions. Mr Moeahu disputed the...

4. [2014] NZEmpC 168 New Zealand Airline Pilots Association v Air New Zealand Ltd [pdf, 185 KB]

   ...24.2 During the term of this Agreement any agreement entered into by the Company with any other pilot employee group which is more favourable than provided for in this Agreement will be passed on to pilots covered by this Agreement on the written request of the Association. [5] The current NZALPA collective agreement came into force on 5 November 2012 and will continue in force at least until its expiry on 4 November 2015. Among other provisions, the NZALPA collective agreement set...

5. [2015] NZEmpC 82 Smith Crane and Construction Ltd v Hall [pdf, 226 KB]

   ...& Construction Ltd [2014] NZERA Christchurch 146. employment the Managing Director, Mr Smith, did not comply with any of the basic procedural requirements of s 103A of the Act. [7] The Authority concluded that Mr Hall had not been informed of Mr Smith’s concerns about his performance and had no opportunity to respond to those concerns or to improve his performance. The Authority concluded that Mr Smith could not have taken Mr Hall’s explanations about his concerns...

6. Smith v ACC [2014] NZACA 3 [pdf, 82 KB]

   ...extensive experience and the fact that he holds an Honours degree in Law and will be admitted to the bar this year. I accept that this more than adequately justifies Mr Forster’s charge out rate, but unfortunately, in the absence of any objective information at all concerning the attendances and disbursements that make up the costs claimed on review and the inescapable impression that costs may not have been charged as yet for these three reviews and may indeed not be charged at all,...

7. LCRO 145/2015 and 148/2015 YK v GS and GS v YK [pdf, 407 KB]

   ...provided him with a client care letter and when the first $50 went into my account I filed with the Court … 1 Letter YK to Complaints Service (15 January 2015) at [3]. 3 [9] The Complaints Service requested further information. Mr YK was asked to clarify (expressed in the words of the Committee): (a) Did you comply with the intervention rule and if so, please provide evidence of your instructing solicitor? (b) Did you provide...

8. Chalecki v Accident Compensation Corporation [2015] NZACA 12 [pdf, 282 KB]

   ...farm running pigs. As he was unable to work effectively as a builder after the accident, he received earnings- related compensation (“ERC”) from the respondent Corporation. Unable to continue building, he built up the farm as the appropriate form of rehabilitation as he strived to become independent of the Corporation. [3] A self-employment grant from the Corporation was sought. While this was eventually declined, Mr Chalecki put considerable money into the farm, even buyi...

9. ZF v XC LCRO 266/2013 (19 February 2015) [pdf, 103 KB]

   ...of Mr AB’s death was one half of the net proceeds of sale. [32] After a period during which there was no further correspondence, proceedings were issued by Mr AB’s children in January 2012. [Firm B] did not have a litigation team and Ms GA requested authority from Mrs XC’s family to seek a second opinion from Ms MT of [Firm C). [33] It would seem Ms MT then acted directly for Mrs XC and the matter was ultimately settled. The terms of settlement are unknown but from a brief r...

10. MacGregor v Craig (Rescission of Confidentiality Orders) [2016] NZHRRT 23 [pdf, 225 KB]

    ...proceedings is prohibited pending further order of the Chairperson or of the Tribunal. [61.3] There is to be no search of the Tribunal file without leave of the Chairperson or of the Tribunal. The plaintiff and defendant are to be notified of any request to search the file and given opportunity to be heard on that application. Variations followed on 11 December 2015 and 2 March 2016 but the terms of those variations are not relevant in the present context. Background [2] Section...