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1. [2013] NZEmpC 133 2013 Dolev v Netafim Australia Pty Ltd [pdf, 186 KB]

   ...for the total period of time and any time I spent working or travelling to Africa was reimbursed between the two companies. I had full responsibility for the New Zealand South Island Sales and activities even when I was in Ethiopia. I did my job by email or phone during those periods. The periods that I was travelling in 2008 were from 17 July – 31 August and 1 October until 31 October 2008. This was a total of 75 days. 49. I received my normal payments from Netafim Aust...

2. [2016] NZEmpC 39 Fox v Hereworth School Trust Board Costs [pdf, 281 KB]

   ...plaintiff pursued his grievance, and the extra costs incurred by the defendant, militated against any reduction. [74] I would not underestimate, in many cases, the incentive for a successful litigant to whom costs have been awarded, to ‘finish the job’ by enforcing that award promptly and uncompromisingly. However, in my assessment, Tomo is an example of how case-specific or even unique circumstances will determine in any particular whether to adjust an award for impecuniosi...

3. Canterbury Westland Standards Committee v Eichelbaum [2014] NZLCDT 68 [pdf, 189 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. [107] The test of “fit and proper” pers...

4. Cameron & Ors as Trustees of the Normac Trust v Stevenson [2010] NZWHT Auckland 39 [pdf, 186 KB]

   ...dwelling provided for treated timber to be used in framing. This was substituted for untreated timber. Untreated timber was accepted as a framing material at the time this house was built. Mr Stevenson’s evidence is that when he quoted for the job he provided costings based on untreated timber. This was the contract accepted by Mr and Mrs Cameron. Mr Cameron advised he was not aware at the time that this change had been made. [34] The use of untreated timber has not...

5. Waitangi Tribunal - He Whiritaunoka (Whanganui) chapter 1 [pdf, 827 KB]

   ...the twenty-first cen- tury has not brought equal levels of prosperity and wellbe- ing to the Māori people of this region. The data comes mostly from the 2006 census. at that time, Māori had lower incomes, were more likely to work in low-skilled jobs, and were more likely to be unem- ployed than non-Māori. While Māori and non-Māori were equally likely to be in receipt of a benefit, non-Māori beneficiaries were more likely to be on a pension or super- annuation, whereas Māori benefici...

6. Waitangi Tribunal - Whanganui land report [pdf, 827 KB]

   ...the twenty-first cen- tury has not brought equal levels of prosperity and wellbe- ing to the Māori people of this region. The data comes mostly from the 2006 census. at that time, Māori had lower incomes, were more likely to work in low-skilled jobs, and were more likely to be unem- ployed than non-Māori. While Māori and non-Māori were equally likely to be in receipt of a benefit, non-Māori beneficiaries were more likely to be on a pension or super- annuation, whereas Māori benefici...

7. Coxon v New Zealand Law Society [2010] NZLCDT 1 [pdf, 240 KB]

   ...be employed in a role that was anything other than the limited role now proposed by Ms Coxon. 60.10 We think it important that if Mr Harder is to work in Ms Coxon’s practice, it be on the basis that, whatever he is called and whatever his job description, his contact with clients of the practice is limited, and does not involve him providing any legal advice about their affairs, whether direct or via Ms Coxon. 60.11 Accordingly, any consent Ms Coxon may be granted to emplo...

8. LCRO 109/2015 RKX v SDC [pdf, 386 KB]

   ...misconduct and personal misconduct continues under the Act, and that personal misconduct:29 … 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. [39] In further reference to the Act being concerned...

9. LCRO 45 and 46/2014 PO v RQ and FE [pdf, 273 KB]

   ...April 2014. She noted that most matters raised by Mr PO in his application were dealt with by her in her response to his complaint. [29] Mrs FE said that “at no time did I tell Mr PO (or indeed any client at any time) that I could ‘do the same job as a lawyer’ nor that I had been working in the firm since I left school”.7 [30] Mr RQ, in his letter to this Office dated 8 April 2014, said that he relied upon the submissions he made to the Complaints Service. Nature and scop...

10. Firmin v ACC [2013] NZACA 15 [pdf, 87 KB]

    ...applied Kendall v ACC [1978] NZACC 148, in which Blair J disallowed laundry boot and tool allowances because they were reimbursing allowances. 10 between pre- and post-accident earnings rather than the capacity to perform pre- accident job tasks. And nor was it in line with the delayed incapacity provisions of s 53(9), which requires a comparison between earnings at the time of accident and earnings at the time of incapacity i.e. when Mr Firmin was discharged from the Army...