Search Results

1. LCRO 19/2016 OW v PG (29 September 2017) [pdf, 292 KB]

   ...4 Letter OW to Lawyers Complaints Service (30 July 2015) at [16]. 5 Letter OW to Lawyers Complaints Service (11 November 2015). 6 Standards Committee determination (25 August 2016) at [50]. 5 • that Mr PG failed to exercise independent judgement and provide objective advice in breach of rules 5, 5.1, 5.2 and 5.3 of the RCCC • that Mr PG failed to promptly disclose to [LMN] all information relevant to the matter and ensure that [LMN] understood the nature of the retainer and...

2. Ngatai-Maynard - Okahu B1A (2003) 128 Aotea MB 14 (128 AOT 14) [pdf, 790 KB]

   ...quotations and all other relevant materials, the Court is satisfied that the Lessees have failed to adhere to the terms of the Lease in the context of fencing, noxious weed eradication, soil fertility and track, drain and hedge maintenance. There will be judgement for the Applicant on behalf of the Trustees in the amount of $6,683.84 as against the Lessees by way of damages for the various breaches of the Lease, plus interest and costs. Dated at Rotorua this /8' f-h day of June 200...

3. Complaints Assessment Committee 408 v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 56 [pdf, 272 KB]

   ...said to be a wilful or reckless breach of the Act, but was a breach of Rule 5.1 in his failure to properly supervise Mr Schembri. 4 [12] This amounted to unsatisfactory conduct. Submissions on penalty [13] At the end of our substantive judgment, we invited the affected parties’ to make submissions on penalty.1 (a) Mr Schembri [14] In their submissions as to the appropriate penalty for Mr Schembri, the CAC referred the Tribunal to its earlier decisions of Li v REAA2...

4. [2017] NZEnvC 047 North Eastern Investments Limited & Heritage Lands Limited v Auckland Transport [pdf, 477 KB]

   ...required to do is to award 4 costs, if at all, on a basis that appears fair and reasonable in the circumstances of the particular case and at a level that represents a reasonable contribution to the costs of the receiving party. [12] In the judgment of DFC NZ Limited v Bielby [1991] 1 NZLR 587 the High Court described (among other things) five factors (although the first and last are materially the same) which can be taken into account in making what is described as significant...

5. [2017] NZEmpC 150 Prasad v LSG Sky Chefs Ltd [pdf, 492 KB]

   ...Appearances: Chief Judge Christina Inglis Judge ME Perkins Judge KG Smith P Cranney and T Oldfield, counsel for plaintiffs C Meechan QC and J Douglas, counsel for defendant P Wicks QC and E Peterson, counsel for third parties Judgment: 29 November 2017 JUDGMENT OF THE FULL COURT Introduction [1] Solutions Personnel Ltd (Solutions) operated as a self-described labour hire company. It was based in Penrose, Auckland. Mr Moniem is the managing direct...

6. [2025] NZEmpC 161 Chief of Defence Force v YFX [pdf, 311 KB]

   ...DEFENCE FORCE Plaintiff AND YFX Defendant Hearing: 9-12 December 2024 (Heard at Wellington) Appearances: J P A Boyle and I Kitchin, counsel for plaintiff A Mapu and A De La-Cruz, advocates for defendant Judgment: 1 August 2025 JUDGMENT OF JUDGE K G SMITH [1] YFX began working as a civilian employee of the Chief of the Defence Force (NZDF) on 10 November 2008. In 2009, she was promoted to be enquiries team leader and actin...

7. Payne - Estate of Hami Te Maunu (2013) 2013 Chief Judge's MB 598 (2013 CJ 598) [pdf, 303 KB]

   ...AOTEA A20050001426 UNDER Section 45 IN THE MATTER OF Hami Te Māunu BETWEEN Matiu Payne Applicant Hearings: 23 January 2007, 181 Aotea MB 231 30 August 2007, 192 Aotea MB 245-252 Judgment: 12 August 2013 RESERVED JUDGMENT OF CHIEF JUDGE W W ISAAC Copies to: Matiu Payne and all other parties to the application 2013 Chief Judge’s MB 599 [1] This application by M...

8. [2018] NZEmpC 61 Butterfield v Alliance Group Ltd [pdf, 364 KB]

   ...AND WILLIAM BUTTERFIELD Defendant Hearing: 26-28 February 2018 (Heard at Invercargill) Appearances: M-J Thomas and A Boock, counsel for Mr Butterfield P Chemis and S Brookes, counsel for Alliance Group Ltd Judgment: 1 June 2018 JUDGMENT OF JUDGE J C HOLDEN [1] On 9 July 2014, during the winter off-season, Mr Butterfield sent a threatening text message to someone he had worked with at the Alliance freezing works in Lorneville....

9. Bridge v The Real Estate Agents Authority (CAC 409) and Edwards [2018] NZREADT 61 [pdf, 312 KB]

   ...further action on Mr Bridge’s complaint regarding the “very personal” tone of an email from Ms Edwards to the vendors which he alleged implied a close personal relationship with the vendors which might have “clouded Ms Edwards’ professional judgment”. It found that the tone of the email communication between Ms Edwards and the vendors was a reflection of their personality and trust in Ms Edwards, rather than of any impropriety. The penalty decision [34] The Committee...

10. Keightley v Accident Compensation Corporation (Entitlement to Surgery) [2024] NZACC 003 [pdf, 240 KB]

    ...COMPENSATION CORPORATION Respondent Hearing: 14 December 2023 Held at: Wellington/Whanganui-a-Tara by AVL Appearances: P Schmidt for the Appellant F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 8 January 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for cover and entitlement to surgery - ss 20, 25, 26, 67 Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision...