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1. Otago Standards Committee v Zhao [2016] NZLCDT 32 [pdf, 55 KB]

   ...seeks time records from the Prosecutor. The earlier invoices, before Mr Shaw had carriage of the matter, do not detail time and attendances but certainly do not, on their face, appear to be in any way unreasonable and were charged out at the very responsible and modest hourly rate of $250 per hour throughout. That is for the partner and the solicitor assisting at $150 per hour. We consider, having regard to the subtractions made by Mr Shaw relating to two matters referred to by M...

2. LCDT - 2016 annual report [pdf, 496 KB]

   ...employment in respect of non- practitioner employees working in a legal or conveyancing practice. As can be seen, the Act has a more consumer oriented approach than its predecessor, the Law Practitioners Act. It also seeks to put in place a “more responsive regulatory regime”. This latter aspect is reinforced as part of s 231 “responsibilities of chairperson” where subsection (1)(a) refers to the “orderly and expeditious discharge of the functions of the Disciplinary...

3. Broughton v Tukapua - Horowhenua 11B36 2L4A Reservation Kawiu Marae (2020) 419 Aotea MB 144 (419 AOT 144) [pdf, 201 KB]

   ...meeting for 10 August 2019, when the marae was already booked. He advised her of the booking and that he could not attend but Mrs Williams proceeded and queried why no one else had attended. Mr Broughton notes that, up until that point, he had been responsible for the convening of all meetings without incident or compliant. However, the actions of Mrs Williams are causing widespread confusion. [12] In response to Ms Rudd’s allegations, Mr Broughton provided a reply to the alleged...

4. Manaena-Biddle v Biddle-Bassett - Te Atuareretahi (2019) 223 Waiariki MB 182 (223 WAR 182) [pdf, 159 KB]

   ...applicant, also in attendance.4 I provided the parties with an opportunity to make any further submissions. The applicant made several comments relating to the civil proceedings in the District Court. The respondents did not make any further responses and at the end of the hearing, the case was reserved. Applicant’s submissions [11] As foreshadowed, the application for removal arose because of harvesting undertaken by Kaitoa Logging on the Hapenui block. The applicant argued...

5. [2020] NZEmpC 28 Talbot Agriculture Ltd v Wate [pdf, 368 KB]

   ...to Mr Wate of three months ordinary time remuneration. [32] At the resumed hearing, Mr Horan was asked to identify the evidence supporting making an award of lost remuneration in Mr Wate’s favour. He was unable to assist. Instead, his response was twofold. First, he invited the Court to draw an inference that, as a migrant worker, Mr Wate must have been unemployed for a period of time while waiting for an alteration to his visa so he could work somewhere other than Talbot...

6. [2020] NZEmpC 44 Hong v Chevron Traffic Services Ltd [pdf, 203 KB]

   ...Mr Hong’s behaviour at the meetings was also confirmed by two senior managers, and I have no reason to doubt their evidence. In my view the evidence against Mr Hong in this case was overwhelming. In the context of Chevron’s operations and responsibilities to the public, Mr Hong’s actions amounted to serious misconduct. [24] I conclude that Mr Hong was not unjustifiably dismissed. [25] Insofar as the claim for a penalty for breach of the duty of good faith is co...

7. L & G Douglas v CAC416 & T & N Hoefhamer [2019] NZREADT 31 (1 August 2019) [pdf, 340 KB]

   ...the potential to create a “tidal wave” of complaints from most previous sales of these units as most previous sales would have been sold under this common misinterpretation of Council regulations. [16] This answer does not seem to have been responsive to the question which the investigator had invited a response. The investigator had sought comments on the following matter: (a) Failure to disclose the second bedroom was unconsented and therefore could not legally be used as...

8. LCRO 195/2016 AJR v BKT (29 October 2018) [pdf, 159 KB]

   ...Mr AJR. It is not clear how his conduct could attract such an obligation. [50] There is no evidence that demonstrates Mr BKT lacked respect for Mr AJR or more particularly for his personal information or privacy. Mistakes can happen. Mr BKT responsibly took the usual steps to retrieve that which he had sent. It is accepted he could have done more, but what he did underlines the fact that he did not lack respect for Mr AJR or his personal information. [51] I have read the Committ...

9. [2020] NZREADT 19 - Singh - costs (1 May 2020) [pdf, 168 KB]

   ...Authority (CAC 416) [2019] NZHC 45. 10 Commerce Commission v Air New Zealand [2012] NZHC 271. 11 Greymouth Petroleum Holdings Ltd v Empresa Nacional del Petróleo [2017] NZCA 490. from 11 July to 16 September 2019, when submissions were filed in response to Mr Edmondson’s requests. $8,869.73 was invoiced for the period from 14 November 2019, when submissions were submitted in response to Ms Badenhorst’s submissions. [23] He submitted that in the present case, an award sh...

10. National Standards Committee 1 v Reed [2021] NZLCDT 23 (27 July 2021) [pdf, 153 KB]

    ...case concerns the level of liability which is to be found following the admitted failure to disclose a number of relevant pieces of information to the High Court in a without notice application for a freezing order. [2] The practitioner has taken responsibility, as the supervising partner concerned, counsel on the record and the leader in the litigation. It was she who took instructions directly from the client and supervised the lawyer who drafted the documents. The practitioner...