Search Results

1. BW v DJ LCRO 9 / 2013 (20 September 2013) [pdf, 117 KB]

   ...has signed the Agreement, resigned her directorship and surrendered her shareholding, she is still exposed under personal guarantees that relate to the companies’ borrowing secured against the parties’ home (the home), and if DJ had done her job properly she would not be in that position. [8] Having considered all of the material before it, the Standards Committee decided DJ should have dealt with the guarantees, and that the Agreement, and her advice in relation to it, had be...

2. AB v FT LCRO 008/2015 (30 June 2016) [pdf, 98 KB]

   ...they believe there is sufficient evidence available” and concluded that this was an alternative remedy available to the ABs that it was reasonable for them to exercise. 34 [60] The Committee concluded that Mr FT “had done a very reasonable job in the circumstances [and] had no choice but to cease acting … following the withdrawal of 31 At [11] – [12]. 32 At [14]. At [17] the Committee noted that there were “116 pages (of...

3. LCRO 251+257+258+259+260+261/2015 TS Trust v WK, VH, Ql, IV, ZG (13 June 2018) [pdf, 220 KB]

   ...different. [51] Mr WK goes on to say that “the issue is one of form rather than substance as [his] intention was only ever to secure the surplus proceeds of sale”. This is a somewhat surprising comment for a lawyer to make. A lawyer’s job is to ensure both form and substance are properly expressed by the words used. He says he “had no intention of exercising the security obtained over the [Property A] and could not, in fact, have done so”. This is belied by the subse...

4. [2018] NZEnvC 056 Auckland Council v Auckland Council [pdf, 663 KB]

   ...may exercise the responsibility, duty or power, but not that he or she should do so (either at all or in a particular case). Whether or not it is appropriate for an officer to exercise a delegated authority which they have will depend on their job description and instructions in particular circumstances. [15] For present purposes, taking all of this material in to account, it appears sufficient to note that Mr Hassall holds the conditional delegated authorities from the Council to...

5. [2018] NZEmpC 71 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 347 KB]

   ...further part in the investigation beyond an introductory meeting. Unsubstantiated claims were made that she was threatened, personally, that if she did not withdraw the complaint one of the persons named in the settlement agreement would lose his job (although the remark was attributed not to the university but to another person). There was also a very serious allegation that she was stalked, but that was not supported by any evidence. [62] Illegality was said to have arisen becau...

6. [2020] NZSAAA 2 (13 March 2020) [pdf, 279 KB]

   ...parents and the child in deciding on the level of support that can be offered. Furthermore the suggested hardship in this case appears to relate primarily to the situation that it is feared could arise if L’s ill health impacts her income and future job prospects. And as noted above at [25], the answer to that is that if L’s income does indeed fall significantly at some point, the whole question of the appellant’s eligibility for a Student Allowance can be revisited. Accordingly,...

7. Tucker v Real Estate Agents Authority [2020] NZHRRT 50 [pdf, 157 KB]

   ...an agency is not required to make a decision until all information is collected so that an overall assessment of what properly should be released and what documents are withheld or redacted in part can be made. It is this evaluative aspect of the job that often takes the most time. See Koso v Chief Executive Ministry of Business, Innovation and Employment [2014] HRRT 39 at [3] and [4]. [30.3] The small size of the team who handle Privacy Act and Official Information Act requests along...

8. [2020] NZEmpC 166 New Zealand Resident Doctors Assoc v Auckland District Health Board [pdf, 336 KB]

   ...RMOs an offer of appointment, made on behalf of all the Auckland DHBs. [11] Rotations between the Auckland DHBs for house officers occur quarterly and for registrars on a six month basis. [12] The offer of a position with a DHB involves a job description, essentially consistent with each RMO’s training, colloquially called a “run”. Run descriptions are agreed between the DHB and each union. There are hundreds of run descriptions across the New Zealand DHBs. [13] As RM...

9. National Standards Committee 2 v Harker [2020] NZLCDT 27 (31 August 2020) [pdf, 161 KB]

   ...definitions continue to maintain the distinction between professional and personal misconduct. The latter involves moral obloquy. It is conduct unconnected to being a lawyer which nevertheless by its nature, despite being unrelated to the practitioner’s job, is so inconsistent with the standards required of membership of the profession that it requires a conclusion that the practitioner is no longer a fit and proper person to practice law. [28] The need to differentiate between profes...

10. [2019] NZEmpC 129 A v N Ltd [pdf, 291 KB]

    ...agreement which made it plain that, for health and safety reasons, there was zero tolerance of drug use at work on the farm, including in her cottage. [12] According to the proprietors of the farm (Mr and Mrs C), initially, A was excellent at her job, and a good relationship developed between them. A had a child of similar age to Mr and Mrs C’s children. [13] On or about 26 October 2016, the proprietors of the farm employed another farm assistant, a male, J, who was signifi...