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1. EU v VK LCRO 233 / 2010 (9 August 2011) [pdf, 182 KB]

   ...dissatisfaction with arrangements for the above matters. Complaints were also directed at the inclusion of „without prejudice‟ content in an affidavit, and other matters. The Applicant took the view that the Practitioner had “a general attitude of judgement and hostility towards me”, that he promoted “conflict rather than resolution”, and encouraged “anger in his client rather than diffusing it”. [4] The Practitioner denied the allegations. He informed the Sta...

2. LCRO 140/2017 ZS v XD (23 July 2018) [pdf, 107 KB]

   ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [11] More recently, the High Court has described a review by this Office in the following way:2 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determ...

3. LCRO 78/2019 EW v PT and AM (3 February 2021) [pdf, 142 KB]

   ...concerning his insurance claim, and if not, whether they breached Rule 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“RCCC”). (ii) Whether at all times, Mr PT and/or Mr AM exercised their professional judgment solely for the benefit of Mr EW, subject only to the bounds of the law and their professional obligations, and if not, whether they breached Rule 5.2 of the RCCC. [17] The following extracts from the Committee’s determination addre...

4. [2016] NZEmpC 153 Spotless Facility Services NZ Ltd v Mackay [pdf, 272 KB]

   ...SPOTLESS FACILITY SERVICES NZ LIMITED Plaintiff AND ANNE MACKAY Defendant Hearing: 27 October 2016 (heard at Christchurch) Appearances: G Ballara, counsel for the plaintiff R Boulton, counsel for the defendant Judgment: 21 November 2016 JUDGMENT OF JUDGE B A CORKILL Introduction [1] Ms Anne Mackay says she was constructively dismissed by her employer. She said she resigned in frustration because she felt she was being bullie...

5. [2022] NZEmpC 171 Alkazaz v Deloitte (No. 3) Ltd [pdf, 356 KB]

   ...Defendant AND DELOITTE (NO. 1) LIMITED (formerly known as DELOITTEASPARONA LIMITED) Third Defendant Hearing: 9–13 August 2021 Appearances: Plaintiff in person J Hardacre and D Findlay, counsel for defendants Judgment: 15 September 2022 JUDGMENT OF JUDGE KATHRYN BECK [1] Mr AlKazaz has brought a de novo challenges to two determinations of the Employment Relations Authority. The first determination found that a record of settlemen...

6. [2020] NZIACDT 46 - ZG v Parker (19 October 2020) [pdf, 357 KB]

   ...the complainant’s consent to him acting. [92] If the Tribunal upholds the infringement in relation to the conflict, it is pointed out in mitigation that Mr Parker took great care to ensure compliance with the Code. His failure was an error of judgement, rather than deliberate contravention of his duties. The complaint had also led him to now be more risk averse in dealing with potential conflicts. They are a difficult issue and even experienced and careful professionals can be...

7. [2017] NZEnvC 150 Blueskin Energy Ltd v Dunedin City Council [pdf, 11 MB]

   ...matters in Part 2, held the reasoning in King Salmon applied also to s 104(1). Cull J makes three key findings: 20 (a) section 5 should not be treated as the primary operative decision making provision; (b) the application of the "overall judgment approach" to decision making on resource consent applications is rejected; and (c) the relevant provisions of the planning documents give substance to the principles in Part 2. There may be resort to Part 2, however, where th...

8. [2021] NZEmpC 106 Morgan v Tranzit Coachlines Wairarapa Ltd [pdf, 222 KB]

   ...compliance order and penalties BETWEEN PAUL MORGAN Plaintiff AND TRANZIT COACHLINES WAIRARAPA LIMITED Defendant Hearing: 13 May 2021 Appearances: G Clarke, advocate for plaintiff M Gould, counsel for defendant Judgment: 8 July 2021 INTERLOCUTORY JUDGMENT (NO 3) OF CHIEF JUDGE CHRISTINA INGLIS (Application for a compliance order and penalties) [1] The applicant, Mr Morgan, has been involved in a long running series of disputes wit...

9. EMPC Practical guide to litigating in the Employment Court [pdf, 286 KB]

   ...orders, cross-challenges and the format of pleadings. These are located on the Employment Court webpage (http://www.justice.govt.nz/courts/employment- court). The website also contains other useful information about the processes of the Court, judgments of the Court, and guidelines for appearances before the Court. Make sure that your pleadings comply with the relevant requirements. Check the timeframes for filing and comply with them. For example, a challenge must be filed wi...

10. [2020] NZEmpC 199 Canterbury Westland Kindergarten Assoc Inc v Barnes [pdf, 297 KB]

    ...Appearances: M O’Flaherty, counsel for Canterbury Westland Kindergarten Assoc Inc A Halse, advocate for Ms Barnes P Cranney, counsel for NZEI Te Riu Roa as intervener AL Russell, counsel for Secretary for Education as intervener Judgment: 19 November 2020 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS [1] The key issue in this case revolves around the correct interpretation and application of a clause in a collective agreement. The clause relates to the ci...