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1. [2014] NZEmpC 236 Lyttelton Port Co Ltd v Rail Maritime Transport Union Inc [pdf, 119 KB]

   ...available, assesses the likelihood of a range of risks occurring, and the severity of any harm that could be suffered. It summarises control measures that could be put in place to eliminate, substitute, isolate or minimise the hazard, and the emergency response. The likelihood level is multiplied against the severity level to arrive at a rating for a risk matrix. It is contended for the company that the risk matrix shows that each risk identified is at an acceptable level, and th...

2. Rafiq v Ministry of Business, Innovation and Employment [2013] NZHRRT 9 [pdf, 83 KB]

   ...we reproduce only the relevant parts of the certificates. Certificate of Investigation dated 5 June 2009 Matters Investigated Mr Rafiq made an access request to INZ in mid-October 2008 for information about him. Mr Rafiq complained that INZ’s response to this request contained no evidence to support its claims that he was involved in fraud. Mr Rafiq also complained that INZ had not corrected the information it holds about him to his satisfaction. Principle(s) applied Principles 6...

3. M D Cottle Family Trust & Anor v CAC 20002 & Anor [2014] NZREADT 91 [pdf, 74 KB]

   ...completed, no appraisal of the complainants’ property was completed and no Real Estate Agents Authority Rules were listed on the licensee’s website. 3.2 The Committee carefully considered the complainants’ and licensee’s submissions and its response to each of these is addressed as follows: 3.3 Issue 1: Whilst the complainants allege that the Committee does not have jurisdiction to correct names, Section 84(3) of the Act does in fact provide the Authority with the ability to...

4. [2013] NZEmpC 228 Edwards v The Board of Trustees of Bay of Islands College [pdf, 143 KB]

   ...December 2013 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE G L COLGAN A The email letter of 2 April 2013 from Carol Anderson to the New Zealand School Trustees Association and the attached draft letter from Ms Anderson to the plaintiff in response to the plaintiff’s letter to Ms Anderson of 28 March 2013, are privileged pursuant to reg 44(3)(c) of the Employment Court Regulations 2000 and the plaintiff’s challenge to objection to disclosure of these documents is dismissed....

5. Mansfield v Southwell LCRO 199 / 2010 (8 September 2010) [pdf, 133 KB]

   ...previously, and that he possessed information or knowledge about her that he had acquired by virtue of work he had done for her in the past, and that this knowledge disqualified him from subsequently acting against her. [20] The Practitioner‟s response was that previous work for the Applicant was limited to matters that were unrelated to the restructuring. He denied having any particular confidential information that would have disqualified him from acting for T. [21] This co...

6. S v J LCRO 5 / 2008 (13 February 2009) [pdf, 39 KB]

   ...[9] Section 138(1) (d) of the Act provides that that a Standards Committee may resolve to take no further action where it appears that the person alleged to be aggrieved (Client S’s son) did not desire that action be taken. Lawyer J in his response to the Committee stated he had spoken to Client S’s son by telephone on 29 September 2008 and that “Client S’s son was surprised by the complaint and did not appear to support it”. However this statement was effectively rebutt...

7. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 43 [pdf, 149 KB]

   ...the Tribunal should stand back to see where the justice of the case requires an overall contribution to be fixed having regard to the level of responsibility and blameworthiness of each of the liable respondents. [51] The parties primarily responsible for the defective work are Hitex and Mr Holyoake. Not only did they carry out or direct the impugned work but the Council and Mr Wilkinson relied on their expertise and advice. The CCC was also in part issued in reliance on...

8. LS v TD LCRO 298/2012 (10 December 2014) [pdf, 82 KB]

   ...13 Pillai v Messiter [No 2] (1989) 16 NSWLR 197. 14 Above n 13 at [201]. 15 Duncan Webb Ethics, Professional Responsibility and the Lawyer (2nd ed, Lexis Nexis, Wellington, 2006) at 127. 7 conduct the practise of the law in a responsible manner by, for example, failing to keep proper records and accounts, may also be misconduct, although not of itself demonstrating dishonesty. That the conduct in question was understandable in light of the practitioner’s circumstan...

9. [2017] NZEnvC 193 Doctors Flat Vineyard Ltd v Central Otago District Council [pdf, 4.5 MB]

   ...stormwater disposal acceptable to the Council shall be detailed at the time of engineering approval and all required easements arranged prior to section 224(c) approval. Electricity and Telecommunications 14.lt shall be the consent holder's responsibility to obtain the consent of the network utility provider as to the position of any electricity services to serve Lots 7-10. 15. The consent holder shall provide an operational underground power connection to the boundary of Lots 7...

10. [2017] NZEmpC 161 Aslam v Transportation Auckland Corp Ltd [pdf, 284 KB]

    ...he offered to show the bus driver the correct route on the “Track My Bus” app on the passenger’s phone. [11] Mr McLeod also asked Mr Aslam’s supervisor to speak to him concerning the complaint and to ask Mr Aslam to provide an initial response. [12] Mr Aslam’s response was by email dated 13 July 2016; it outlined how a “couple of people” had earlier questioned the route he was running so Mr Aslam had rung the control centre and asked if there was any change to route...