Search Results

1. IE v X Ltd [2024] NZDT 587 (12 August 2024) [pdf, 262 KB]

   ...individual consumer or a group of consumers (whether or not the consumer is a party, or the consumers are parties, to a contract with the person);” 7. X Ltd falls under this extended definition of “supplier”. IE was an attorney whose responsibilities and authority were being defined by an EPA drafted by X Ltd for NE. As EPA services are ordinarily acquired for personal, household or domestic use, the CGA applies, with IE a “consumer” of those services. 8. As a resu...

2. National Standards Committee 2 v Mulligan [2025] NZLCDT 32 (1 July 2025) [pdf, 151 KB]

   ...Willingness to participate fully in the investigative process, and to acknowledge error or wrongdoing where it has been established, may demonstrate insight by the practitioner into the causes and effects of the wrongdoing. This, coupled with acceptance of responsibility for the misconduct, may indicate that a lesser penalty than striking off is sufficient to protect the public in the future. [7] Assessment of levels of seriousness may involve comparison with similar cases, and in this...

3. Auckland Standards Committee 1 v Kwon [2025] NZLCDT 40 (18 August 2025) [pdf, 120 KB]

   ...children, …”. [9] Mr A explained to Ms Ly, who represented the children, that his lawyer had asked him to “fire him” because he had overseas business and could not afford to return just for the hearing, due to travel costs. [10] In response, Ms Ly emailed Mr Kwon on 15 June to remind him of his obligations to his client and the Court. [11] Mr Kwon’s response to her was that he would file a memorandum “informing the court of my resignation”. [12] Mr Kwon fil...

4. Russia Sanctions Bill [pdf, 180 KB]

   ...discrimination), s 21 (right to be secure against unreasonable search and seizure), and s 27 (natural justice). Our analysis is set out below. The Bill 4. The Bill sets up a bespoke framework to enable New Zealand to impose and enforce sanctions in response to Russia’s military actions in relation to Ukraine. Sanctions may also respond to countries or persons who may be assisting Russia. 5. Sanctions are defined in cl 6 of the Bill to mean a prohibition or restriction imposed by...

5. Canterbury Westland Standards Committee 2 v Mr U [2024] NZLCDT 10 (9 April 2024) [pdf, 118 KB]

   ...to put his talents to use as an employment advocate or other similar role which he has played in the past. We accept that his role as primary caregiver to his children means that his ability to earn is somewhat restricted and that his financial responsibilities are higher than many practitioners who come before us. [56] Mr U submitted that “…despite the finding of personal misconduct (alternative charge), I have otherwise successfully defended the bulk of the charges, and def...

6. Waikato Bay of Plenty Standards Committee 1 v van Noort [2024] NZLCDT 33 (17 October 2024) [pdf, 176 KB]

   ...Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules): (a) Failing to provide a letter of engagement with client care information to all members of TK’s family (breaching rr 3.4 and 3.5). (b) Not providing prompt responses to communications and delaying the progression of the retainer (thereby breaching rr 3, 3.2, 3.3 and 7.2). (c) Incorrectly completing land transfer documents, in particular authority and instruction forms and land transfer tax...

7. [2007] NZEmpC CC 13A/07 Abernethy v Dynea NZ Ltd [pdf, 107 KB]

   ...counter-offer. Mr Reed’s reaction was to say that he would not accept any counter-offer and he repeated the original offer. Mr Climo then contacted the plaintiff and said that Dynea would not agree to any increase in the amount. The plaintiff’s response was along the lines that he was disappointed but had no choice in the amount that Dynea was offering. Mr Climo told the plaintiff that he would draw up a record of settlement and he explained the process of approval and signa...

8. [2012] NZEmpC 53 New Zealand Educational Institute (Inc) v The Boards of Trustees of Te Mata, Parkvale and Frimley Schools [pdf, 183 KB]

   ...proved to be an overly optimistic assessment of the applicable timeframes. [17] Progression of the longer term work programme (including the PBA process) took place under the auspices of the Strategic Coordinating Group. This group was to be responsible for overseeing and coordinating the development of the work programme and making recommendations on agreed outcomes. [18] The Strategic Coordinating Group was made up of representatives from the Ministry, NZEI and the New Zealan...

9. [2012] NZEmpC 19 Warmington & ONeill v AFFCO NZ Ltd [pdf, 214 KB]

   ...have reasonably known they were doing so having regard to the circumstances, including his previous (fleeting) dealings with them. [19] The defendant argues that the plaintiffs held senior operational roles within the company and were ultimately responsible for the efficient and profitable operation of the plants they managed. It is said that they could not discharge those responsibilities without involvement, knowledge and understanding of procurement, supplier and customer relat...

10. CAC 20004 V Lindsay [2013] NZREADT 113 [pdf, 178 KB]

    ...for at least two months before she viewed the property with her husband on Monday 7 May 2012. The defendant also stated that she and her husband were not interested in purchasing the property until the morning of the tender. [15] In a further response in late October 2012 to the question from Ms Fagasoaia-Meade whether the defendant started to have an interest in the property when she viewed it on 7 May 2012, the defendant responded that “it hadn’t crossed our minds as an option f...