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1. [2015] NZEmpC 82 Smith Crane and Construction Ltd v Hall [pdf, 226 KB]

   ...which had applied previously. He provided the two documents which had been given to him relating to his intended employment, although he had yet to sign the proposed IEA as the document itself anticipated. [54] Since it was SCC which had the responsibility of drafting and finalising an employment agreement with Mr Hall, so also was it SCC’s responsibility to follow-up that issue with Mr Hall. No concerns on this issue were raised with Mr Hall by Mr Smith when they met in the UK...

2. AQ v UD LCRO 188/2013 (10 August 2013) [pdf, 206 KB]

   ...a stay should have been filed more promptly, there is no evidence to support argument that Mrs AQ’s appeal was prejudiced by delay. I do not accept Mrs AQ’s submissions that Mr UD’s late filing of the application for a stay was directly responsible for the sanctions imposed by the High Court for breaching the parenting order. Similar conditions were attached to the Family Court order and the 8 bond required was not increased. [Judge] makes no mention of the breach of...

3. LCRO 145/2015 and 148/2015 YK v GS and GS v YK [pdf, 407 KB]

   ...counsel. [45] There is no evidence to support accusation that the [Area] Standards Committee were in compromised in electing to continue their inquiry in the face of the objections advanced by Mr YK. Nor is there evidence that the Committee was responsible for prolonging the inquiry, or amplifying the complaint. [46] Mr YK’s conviction that the members of the [Area] Standards Committee were ill advised to have their fingerprints on his second complaint, and conflicted, when they...

4. ARC76/06 AC-37/07 Yong v Chin [pdf, 92 KB]

   ...in which Ms Chin reiterated that she was not liable for her husband’s debts and felt stunned that she had been asked to provide a “written solution” to the financial problem between her husband and her employer, Mr Yong. Mr Wenborn’s response on 9 November 2005 to Ms Chin’s first letter is concerning. It raises the suggestion that Ms Chin may wish to resign. It implies that Mr Yong may merely be providing Ms Chin with employment from some altruistic motive. The lett...

5. AR v ZE LCRO 83/2012 (6 May 2016) [pdf, 109 KB]

   ...creditors. the Tribunal said: (b) In Auckland Standards Committee v Sega the Tribunal said:18 It was all for Ms Sega’s personal benefit and it occurred when she occupied a role of trust in a legal firm with direct contact with clients and the responsibility of handling firm cheques. As such, it can be seen as undermining the trust that clients are entitled to have in providers of legal services and therefore goes to the reputation of the profession generally and more importantly t...

6. RA v LZ LCRO 2 / 2011 (22 August 2012) [pdf, 182 KB]

   ...not take place, and Mr RA was still insisting that the documents be supplied to him in “the one complete bound bundle” on 10 August. Proceedings were filed later that month. [68] I can find no criticism in the manner of the Practitioner’s responses to the correspondence he received from Mr RA. What I have gleaned from the exchanges is that the Practitioner’s focus over many months was trying to find a solution to the impasse between the Executors. While it may be said fo...

7. 2017 NZSSAA 052 (15 September 2017) [pdf, 238 KB]

   ...Social Development, stating it was for “your personal attention”, and saying the minute “seeks an explanation as to why the finding in an earlier Authority decision appears to have been disregarded.” [17] The Chief Executive’s personal response was provided in the form of an undated memorandum from his counsel, Mr Stainthorpe, delivered to the Authority on 14 June 2016. The Chief Executive stated: [17.1] he accepted he was under a statutory compulsion to take all neces...

8. [2018] NZEnvC 104 Criffel Deer Limited v Queenstown Lakes District Council [pdf, 5.9 MB]

   ...SNZ PAS 4509:2008 is through the installation of a home sprinkler system in accordance with Fire Systems for Houses SNZ 4517:2010, in each new dwelling. Given that the proposed dwelling is approximate ly 4km from the nearest FENZ Fire Station the response times of the New Zealand Volunteer Fire Brigade in an emergency situation may be constra ined. It is st rongly encouraged that a home sprinkler system be insta lled in the new dwelling. Advice Notes 1 Th is consent triggers a requ ir...

9. [2021] NZEmpC 66 Smartlift Systems Ltd v Armstrong [pdf, 320 KB]

   ...been given sufficient information about the proposed disestablishment of the foremen roles to enable them to provide feedback. b) They had an opportunity to respond and provide feedback, which they did in writing. c) Smartlift considered those responses, and other feedback, and responded to that – also in writing.6 [12] However, what was contentious, and remains so in this challenge, concerns the findings that the Authority made with regard to the subsequent process of selecti...

10. [2021] NZREADT 06 - Silcock (22 January 2021) [pdf, 309 KB]

    ...from 1 pm to 3 pm, and that he could send an offer to them or meet at the property at 3.30 pm. The prospective purchasers responded at 12.50 pm agreeing to meet at the property at 3.30 pm and “do the paperwork then”. Mr Watson said in his response to the complaint that he “received a phone call asking if the vendor would accept the offer, otherwise they did not want to waste their time driving into town”. [15] Mr Watson sent a further text to the prospective purchasers a...