Search Results

1. [2013] NZEmpC 96 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 96 KB]

   ...relating to the subsequent memoranda and submissions on compensation and penalty. [16] Mr Pollak, counsel for LSG, filed his memorandum as to costs on the same day as Mr Towner filed his. Because of this, the defendant’s memorandum was not in response to the plaintiff’s. I issued a minute on 11 February 2013. I expressed the assumption that the plaintiff would have proceeded first, and invited Mr Pollak who stated at the beginning of his memorandum that he did not know what...

2. [2014] NZEmpC 64 Fox v Hereworth School Trust Board No 5 Interlocutory [pdf, 142 KB]

   ...plaintiff appears to concede that if the notes contain reference to legal advice given to the Board by Mr Webster in the course of otherwise non-privileged discussions, the parts relating to the legal advice can be redacted from the notes. [3] In response to the defendant’s contention that this litigation was reasonably within its contemplation at the time of those meetings, the plaintiff rejects that contention, saying that her personal grievance was not raised with the Board unt...

3. [2015] NZSSAA 103 (22 December 2015) [pdf, 53 KB]

   ...review the financial state of the CPP and make recommendations on the benefits and contribution rates provided by it pursuant to s 113 of the Canada Pension Plan Act. [7] Service Canada, a Canadian Government agency, administers the CPP. It is responsible for functions such as managing applications for CPP benefits. [8] When Mr Latimer applied for his CPP pension, it was payable on retirement between the ages of 60 and 70. The legislation subsequently changed, and now people eligible...

4. New Zealand Law Society v Dorbu [2011] NZLCDT 24 [pdf, 102 KB]

   ...“He does not understand his obligations to the Court or to other practitioners; he is dishonest; and he does not abide by the rules of conduct of barristers”. [17] The following words of Professor Webb in his textbook Ethics, Professional Responsibility and the Lawyer: “The test is the same as that applicable when considering whether a candidate for admissions is a fit and proper person. It has been recognised that such a standard is impossible to clearly define. While miscon...

5. Strike-Out Application Adams v REAA CAC 20009 & Ors [2014] NZREADT 34 [pdf, 44 KB]

   ...matters which could have been brought in the earlier proceeding but which were not pursued. Accordingly, under s.79(2) of the Act, the Committee determined not to inquire further into the complaint. [7] In his notice of appeal to us and in his response to the licensees’ application for strike-out, the appellant focuses on his contention that the licensees knowingly offered for sale “my copyrighted plans for the then proposed subdivision” [at 244 Blockhouse Bay Road]. The Stance...

6. Warrington v Maidenhead LCRO 192 / 2009 (29 April 2010) [pdf, 108 KB]

   ...acted for Seven in the past and claimed that he and Seven had also been involved together in a business relationship. She contended that the Practitioner was, or ought to have been, well acquainted with Seven‟s solvency status. She holds him responsible for failing to honour the „trust‟ implied by a trust account. In her view any enquiry by the Practitioner‟s firm ought to have gone further than information posted on the MED website, and such enquiry would have disclosed th...

7. Shropshire v March LCRO 64 / 2010 (28 October 2010) [pdf, 100 KB]

   ...Standards Committee which declined to uphold his complaint against Ms March (the Practitioner). The Standards Committee enquired into the Applicant‟s complaint and conducted a hearing on the papers. Having considered the written submissions and responses of the parties, the Standards Committee determined, pursuant to section 152(2)(c) of the Lawyers and Conveyancers Act 2006 (the Act), to take no further action with regard to the complaint. The Committee perceived the Conduct...

8. XL v BF LCRO 04 / 2012 (19 July 2013) [pdf, 103 KB]

   ...advised her how she would be billed. She also complained that Mr BF failed to undertake the legal work in a manner that was timely and also protected her interests, leading to her paying expenses that would otherwise have been avoided. Mr BF’s response [4] Mr BF stated that there were a number of difficulties that were faced in trying to complete the transaction. These included ongoing disputes between the various parties as to alleged unpaid sums by Ms XL, including rent, bo...

9. BORA Unsolicited Electronic Messages Bill [pdf, 332 KB]

   ...be presumed innocent in terms of section 5 of that Act. The aim of the Bill is to regulate the sending of electronic messages certain marketing or promotional purposes, and to provide a disincentive to spammers who gain commercial advantage out of responses to unsolicited commercial electronic messages. To this end, the Ministry of Economic Development has indicated that the offences have been framed as strict liability offences to ensure that there is an onus on individuals who send comme...

10. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 76 [pdf, 190 KB]

    ...found that he had failed to supervise a salesperson properly, and had failed to implement the Agency’s disputes resolution process. The Committee found that these failures indicated a total lack of understanding of his supervision and agency responsibilities and brought into question his knowledge of the requirements of the Act. That finding, and the penalty imposed (censure, an order to complete Unit Standard 26154 “Demonstrate knowledge of