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1. LCRO 103/2022 RP v DQ (25 September 2024) [pdf, 272 KB]

   ...have Ms CY confirm Mrs WK’s IRD number as provided to her by MK. [28] A simple request from Ms CY for Ms RP to advise what she held in the way of evidence for the anti-money laundering documentation14 was met with a somewhat condescending response from Ms RP: We are perplexed as to why the AML process seems to be such a difficult one for you, WK and MK. As a lawyer, you are well aware of the legislated obligations of all lawyers. We have been very clear about what we require a...

2. [2025] NZREADT 10 - CAC 2105 v Chen & Stevenson & Buy West Realty Limited (14 April 2025) [pdf, 379 KB]

   ...real estate agent. We acknowledge that she cooperated with the Committee in providing 8 Complaints Assessment Committee 2102 v He and An [2022] NZREADT 16. 9 Ellis v Auckland Standards Committee 5 [2019] NZHC 1384. Footnotes omitted. 15 responses to the charges within the timeframes required. She has repaid three vendors the unspent VPA, albeit following the investigation into her conduct. [68] It is also acknowledged that the conduct for which Ms Chen has been found guilty...

3. LCRO 156/2023 PF v NY, WJ and MQ (11 October 2024) [pdf, 247 KB]

   ...addressed in a kaupapa Māori way in accordance with tikanga but that he had nevertheless responded to advice of the complaint in good faith. [18] The applicant’s letter appears to have crossed with an email from Ms WJ extending the time for response by five days. The applicant had requested a further week. [19] On 24 April 2023, Ms WJ replied to the applicant’s 20 April 2023 letter. Relevantly, she clarified that she was seeking feedback only about the appointment of the inves...

4. [2015] NZEmpC 57 Q v Commissioner of Police [pdf, 719 KB]

   ...the teams within the Unit. He introduced changes that were not universally popular with staff. [15] In November 2008, Mr Q suffered a heart attack which resulted in him not working for the Unit until June 2009. Upon his return, Mr Q shared responsibility for managing one of the teams within the Unit (together with another staff member) until Sergeant O returned in September 2009. Mr Q then became a member of his team. Detective Senior Sergeant T later said he identif...

5. Kong v Li [2016] NZIACDT 11 (17 March 2016) [pdf, 73 KB]

   ...Tribunal’s decision to uphold the complaint was to trivialise the findings against him. The Tribunal has gone to very considerable lengths to give Mr Li the opportunity to reflect, and demonstrate that he now has a better appreciation of his professional responsibilities. [4] Mr Li has consistently failed to engage with the Tribunal. Accordingly, it is inevitable the Tribunal must proceed on the basis there is neither mitigation in the circumstances concerning Mr Li’s professional of...

6. Ye v Chen [2015] NZIACDT 25 (13 March 2015) [pdf, 109 KB]

   ...narrow grounds of complaint. There is no unfairness in the form of the Statement of Complaint. [13] The submissions on form include a claim that the Registrar, in preparing the Statement of Complaint, failed to take adequate account of Ms Chen’s response to the complaint. I discuss that issue in the following section. Allegation of an inadequate regard to Ms Chen’s response to the complaint [14] Ms Chen contends, through her counsel, that the Registrar has not adequately considered...

7. [2013] NZEmpC 72 Tan v LSG Sky Chefs NZ Ltd [pdf, 57 KB]

   ...raised on the defendant’s behalf would justify the raising of any award and, therefore, there should not be any uplift from two-thirds of the plaintiff’s actual and reasonable costs. [8] Mr Towner also contended that the plaintiff acted responsibly at all times, the Court’s judgment was on the borderline and only a modest award of costs should be made against the plaintiff. [9] Although without leave, Mr Pollak filed a costs submission in response. He observed that the i...

8. Wellington Standards Committee v Faulkner [2012] NZLCDT 9 [pdf, 44 KB]

   ...and loss of her job and her good name will be long lasting and deeply significant and will no doubt affect her for the rest of her life. [4] The purpose of this Tribunal is different from the Criminal Court. There is not a focus of punitive response but rather a protection of the public, and of the standing and protection of the legal profession, in dealing with people who transgress in this way. [5] We are asked to make an order under section 242(1)(h)(ii) that Ms Faulkner n...

9. EK v UP [2013] NZDT 751 (19 November 2013) [pdf, 80 KB]

   ...March 2013 UP’s 13 year old daughter drove her 22 year old sister’s car into the wooden wall at EK. [2] The police told A and B, the owners of EK, that UP was liable for the cost of repairs resulting from the collision. [3] UP agreed he was responsible and paid $500 towards the costs of repairs. A payment plan was set up but he subsequently lost his job, is suffering serious health issues and has not paid any more money. [4] A and B are claiming the balance of the repair costs...

10. [2018] NZEmpC 94 Jacks Hardware and Timber Ltd v First Union Inc [pdf, 302 KB]

    ...the only effective remedy for the party or parties affected by the breach of the duty of good faith. He also made the point that it was not clear what position the defendant would need to address if the amended pleading was allowed. [9] In response to these submissions Mr Upton identified that the plaintiff is seeking, by reference to this amended pleading, either a direction to continue bargaining, to return to mediation or facilitation. That clarification allowed Mr Cranney t...