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1. [2014] NZEmpC 173 Lund South Ltd v Low [pdf, 151 KB]

   ...construction, property development and project management services in Otago. Mr Low’s superior was Mr R Lund, Managing Director of the company. [4] According to a fax sent by Mr Lund to Mr Low prior to his employment, as Manager he would be responsible for: Overall performance of the company in Dunedin. Obtaining forward work in Dunedin. Overall supervision of Dunedin site staff. Supervision of Dunedin office staff. Hiring staff and apprentices. Administration...

2. Rae v CAC10057 & Burch [2013] NZREADT 3 [pdf, 70 KB]

   ...happen and the property was sold to a developer whom the appellant regards as most uncooperative and who, apparently, has changed the fenceline to suit himself to the appellant’s detriment. [41] The appellant takes the view that someone is responsible for her boundary issues and that she has not contributed to them. One can only agree with that but, for our purposes, the issue is whether the licensee has contributed to that boundary mess in any way. 10 [42] It emerg...

3. [2014] NZEmpC 40 Dumolo v Lakes District Health Board [pdf, 157 KB]

   ...30 April to 2 May 2010 at the hospital. This was to be the subject of a further disciplinary process. When the removal of the DVD disc was uncovered, both matters were put forward as being subject of the disciplinary action. Mr Dumolo denied responsibility for the second backup failure. He gave an explanation, which may have been consistent with an equipment defect. He was given the benefit of the doubt and that was not used as a ground for disciplinary action against him. [...

4. Hunstanton v Gretna LCRO 27 / 2010 (13 July 2010) [pdf, 126 KB]

   ...transaction by another figure to reflect other factors. [23] The (non exhaustive) factors that a lawyer must take into account are set out in r 9.1 of the ROCCC and are: (a) the time and labour expended: (b) the skill, specialised knowledge, and responsibility required to perform the services properly: (c) the importance of the matter to the client and the results achieved: (d) the urgency and circumstances in which the matter is undertaken and any time limitations imposed, inclu...

5. Keven Investments Limited v Arthur [2011] NZWHT Auckland 45 [pdf, 135 KB]

   ...with the building consent and that the appropriate certifications were obtained. Mr Simpson was the director of the building company that built the dwelling. Mr Simpson accepts his company built the dwelling but denies that he is personally responsible for any of the defects that have caused leaks. ISSUES [3] The issues we therefore need to decide are: Were Mr and Mrs Montgomery developers? Why does the dwelling leak? Have Mr and Mrs Montgomery and Mr Bramwell...

6. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

   ...best of his belief, is known of these proceedings by members of Mr Pope’s family or by the holder of any Enduring Power of Attorney executed by Mr Pope or by any person who otherwise has responsibility for Mr Pope’s care and welfare. [22] In a response dated 27 August 2013 Mr Ward stated (inter alia) that: I’ve been Darryl’s only genuine friend for all that time, almost two decades. Nobody else has taken the time and made the efforts I’ve made on Darryl’s behalf for justice...

7. Williams v Accident Compensation Corporation [2017] NZHRRT 26 [pdf, 174 KB]

   ...provided additional and new information which neither ACC nor Dr Douglas were aware of in December 2014. In these circumstances Mr Williams contended the decision to terminate his entitlement was a decision made in breach of principle 8. [16] The response by ACC was prompt. On the very same day (13 April 2015), Ms Fiona Colman, a Privacy Officer at ACC, advised Mr Williams that his complaint was being investigated and that ACC would be in touch with him as soon as possible. [17]...

8. Hunstanton v Cambourne and Chester LCRO 167 / 2009 (10 February 2010) [pdf, 71 KB]

   ...transaction by another figure to reflect other factors. [23] The (non exhaustive) factors that a lawyer must take into account are set out in r 9.1 of the ROCCC and are: (a) the time and labour expended: (b) the skill, specialised knowledge, and responsibility required to perform the services properly: (c) the importance of the matter to the client and the results achieved: (d) the urgency and circumstances in which the matter is undertaken and any time limitations imposed, inclu...

9. Mau Whenua Incorporated - Port Nicholson Block Settlement Trust (2020) 419 Aotea MB 112 (419 AOT 112) [pdf, 271 KB]

   ...Deed. [34] The Trustees are clearly responsible for monitoring and overseeing the activities of TWL and are also required to exercise their ownership or other rights and interests in TWL to promote the performance of TWL of its objectives. These responsibilities are not to be taken lightly. While the quorum clause is engaged, the Trustees simply do not have the power to act in discharge of these responsibilities. During this period, TWL will operate unmonitored. That should not...

10. Nuku v Clarke - Poukawa 13B Ahu Whenua Trust (2007) 193 Napier MB 19 (193 NA 19) [pdf, 428 KB]

    ...amplified because it would appear the trustees were aware of this behaviour and did nothing to rectiJY the position by formalising the alTangements with Mr Clarke, for example, as an employee of the trust. Nothing was done and the trustees must take responsibility for Mr Clarke's personal use of trust assets. [44] These actions demonstrate a breach of the no-profit rule and the duty to act gratuitously. Administration of Poukawa 13B Tl"Ust [45] General trust law asserts...