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1. AD & Anor v ZU LCRO 60/2013 (3 March 2014) [pdf, 166 KB]

   ...represented the best outcome the ADs could have obtained from the settlement meeting. The decision also records that the ADs sought other legal advice and negotiated what the Committee considered were minor variations to the Deed.16 [57] Mr ZU’s job was to help the ADs navigate their way through the legal process. There were limits to what Mr ZU could achieve for the ADs; the facts were the facts and Mr ZU could not change those. The most he could do was try to negotiate the...

2. Nixon v Attorney-General [2018] NZHRRT 9 [pdf, 301 KB]

   ...baby-sitters, and other facilities to assist with her care when he was working. [24] In late 2011 Mr Nixon left his employment at LINZ for health reasons. He reapplied for a benefit and was given a sickness benefit, although was later transferred to a job seeker benefit. He has remained on a benefit since that time. From time to time Mr Nixon has been able to obtain short term casual work and during these periods of employment has had his benefit abated. He is currently on an inva...

3. 2017 NZSSAA 052 (15 September 2017) [pdf, 238 KB]

   ...must facilitate the prosecution of the appeal. For example, s 12K requires the appellant to lodge a written notice of appeal with the Authority and to send or leave with the Chief Executive a copy of that notice of appeal. At that point it is the job of the Chief Executive to provide any necessary background information to the Authority to assist its assessment of the appeal including “a report setting out the considerations to which regard was had in making the decision or determinat...

4. Eichelbaum v CAC 303 & White [2016] NZREADT 56 [pdf, 268 KB]

   ...It was resting on bearers which were very old and rotten. In many cases they had rotted through entirely at the bottom and do were not connected to anything to support the house at the foot. 12. We uncovered some old totara stumps during the job. These were probably the equivalent of piles at the time the house was built. It seemed to me that many did not connect up to the other wood supporting the house at all. Age had rotted both the wood and the totara. [32] Mr Julian...

5. LCRO 195/2017 LH v SR and HP (19 March 2019) [pdf, 229 KB]

   ...for the services provided? Was Ms LH’s position compromised by the refusal of the Committee to allow the adjournment sought? [40] No. Ms LH had an obligation to provide response to the Committee in the time frame allowed. [41] A lawyer’s job is frequently a demanding and busy one which, for many, presents a daily and difficult challenge of balancing competing demands. But responding to complaints should be a matter of priority. [42] It has been said that a lawyer’s duty...

6. [2019] NZEmpC 67 Hokotehi Maori Trust v Prater [pdf, 379 KB]

   ...analysis of alleged breaches of his individual employment agreement. He undertook this preparation alongside other activities. [69] He was also able to obtain miscellaneous employment with several persons or agencies, which included a small building job that extended from 20 August to 20 October 2017 and repairing a number of motor vehicles. Modest income was obtained from these activities. [70] In addition, as mentioned earlier, Mr Prater had to deal with issues concerning a...

7. 2021-03-15 MfE - opening submissions [pdf, 471 KB]

   ...parameters. 26. It is required to be “an adequate21 interim planning and consenting framework to manage freshwater up until the time that new discharge and allocation limits are set”.22 “Adequate” basically implies that it should do the job, be fit for its “interim” purpose. It can be better than the status quo, and that is the advantage of this plan change as opposed to simply extending the life of the deemed and expiring permits. An extension would have allowed a con...

8. Allan v Christchurch City Council [pdf, 81 KB]

   ...103-105, 112 & 113, Adjudicator C Ruthe. 16 pursuant to a contract including a management component. Mr O’Fagan took umbrage at the suggestion that by doing this he was cutting corners. The Tribunal accepts he was not doing a cheapskate job but he was certainly saving significant costs. As noted in the Chen decision, by doing this he assumed the risks otherwise carried by a supervising architect and a project-managing builder. Is Mr O’Fagan personally liable?...

9. CD and Anor v GH LCRO 98/2013 (3 August 2016) [pdf, 102 KB]

   ...the circumstances. [40] However, it was not part of Mr [GH]’s role to subvert either party’s position in those negotiations. He says he did not intend to prejudice the position of either party. However, having received the joint funds, his job was to preserve the status quo, comply with his reporting obligations under the Trust Account Regulations, and await developments. [41] While there is no rule, in similar circumstances joint instructions often arrive in the form of an i...

10. INZ (Calder) v Chiv [2019] NZIACDT 73 (21 October 2019) [pdf, 240 KB]

    ...decline to consider any such allegations. [6] The complaint largely concerns seven clients of Mr Chiv from the Philippines.1 Six were offered employment by one of Mr Chiv’s companies, five as nail technicians for the beauty company and one as a job placement program administrator for his immigration company. The seventh client was offered employment as a driver for a company unrelated to Mr Chiv. He represented these clients on 10 unsuccessful visa applications filed in August...