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1. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...Society”. A practitioner of Mr Hong’s experience must know the impropriety in approaching another lawyer’s client, particularly in a situation such as this when the client is suing the practitioner himself. Indeed in the course of this response to the LCS he stated his knowledge of that rule.23 [43] Certainly, had the practitioner carried through on this threat, it would itself have been regarded as “disgraceful and dishonourable” conduct. The threat to do so is only m...

2. [2006] NZEmpC AC 68/06 Colosimo & Anor v Parker [pdf, 78 KB]

   ...displayed in the premises. The company as a matter of fact, confirmed by contemporaneous documents, paid Mr Parker’s wages, deducted PAYE, accounted to the Inland Revenue Department and in all respects carried out the functions and performed the responsibilities required in law as Mr Parker’s employer. [40] Approaching the matter in accordance with the principles established in the authorities referred to, it is clear that the true employer of the defendant Mr Parker was the...

3. [2012] NZEmpC 218 NZ Airline Pilots Association v Mt Cook Airlines Ltd [pdf, 147 KB]

   ...1 [2012] NZCA 481. of Appeal in the Postal Workers case was delivered on 30 October 2012 and the parties in the present case were then given the opportunity to file supplementary submissions in response. [2] The case comes before this Court by way of a de novo challenge by the plaintiff to a determination 2 of the Employment Relations Authority (the Authority) dated 18 December 2009. By way of a minute dated 11 November 2010, Ju

4. Committee on the Elimination of All Forms of Racial Discrimination – summary record 15th-17th reports (continued) [pdf, 63 KB]

   ...within New Zealand society. The report also gave quantitative data largely based on statistics obtained in the course of the 2001 census, but also as far as possible on more recent statistics contained in the document distributed in the meeting room. In response to the request expressed by the Committee at its sixty-sixth session (February 2005), the report also contained an update on the implementation of the Foreshore and Seabed Act 2004. CERD/C/SR.1821 page 3 6. Positive deve...

5. Napia - Waihou A No 2A No 1 (2015) 97 Taitokerau MB 212 (97 TTK 212) [pdf, 215 KB]

   ...Anderson; Sam Napia; and Maria Murphy. [74] At the hearing on 9 December 2014 Kiri Te Aroha Ashby voiced her concern at an incident that occurred during the nomination of trustees. Mrs Ashby advised that she was nominated by her brother and in response Mr Napia spoke to her brother in a raised voice. Mrs Ashby could recall the exact words that Mr Napia used but she objected to him speaking in a raised voice. Mrs Ashby otherwise advised that Mr Napia did “a brilliant job at th...

6. Baker v Ngāti Tūwharetoa Hapū Forum - Te Matai No 1 and Te Matai No 2 [2015] Chief Judge's MB 900 (2015 CJ 900) [pdf, 248 KB]

   ...that if the Crown does not agree to be bound by an order made by the Court under s 30H, the Court does not have jurisdiction to make binding orders. Orders were sought for the Crown to be served with the application and for the Crown to file a response as to whether it agrees to be bound by the Court’s jurisdiction. [20] It was stated that: (a) The NTHF accepts that the trustees of Te Matai Trust are the legal representatives of the beneficial owners of the trust and that accordin...

7. [2015] NZEmpC 192 Lim v Meadow Mushrooms Ltd [pdf, 192 KB]

   ...which had been removed from the workplace. First, Mr Lim asserted Meadow had breached the duty to maintain his trust and confidence when it effectively suggested to a security guard who worked at the apartments where Mr Lim resided that he may be responsible for removing a cell phone belonging to a co-worker. He also claimed that Meadow colluded with the security guard when he later searched Mr Lim’s room, bag and person. A disciplinary investigation was then conducted by Meado...

8. Your guide to legal aid [pdf, 774 KB]

   ...the Public Defence Service (PDS). The Ministry of Justice employs lawyers to take on criminal legal aid cases through this in-house service. A PDS lawyer will represent you, give independent advice and act in your best interests. This is the same responsibility that all legal aid lawyers have to their clients. You can find out more about the PDS – and how to contact them – at justice.govt.nz. What if I’m already receiving legal aid? If you are already receiving legal aid for an ong...

9. Payne v CAC 20005 & Ors [2014] NZREADT 1 [pdf, 152 KB]

   ...France J, the proceeds of the sale were to be applied firstly to the entitlement of the appellant’s ex-wife, and that she has made no complaint against the second respondents. It is also noted that the Registrar of the High Court, as the person responsible for the sale, made no complaint against the second respondents. It is put that both the appellant’s ex-wife and the High Court (and Court of Appeal) would have been aware of he unusual marketing of the property. Counsel for the...

10. [2014] NZEmpC 208 Hayne v ASG [pdf, 162 KB]

    ...safety provisions which required the University to encourage safe work practices. Appendix B to the agreement identified certain personnel provisions arising from s 77A of the State Sector Act 1988. These included recognition of good employer responsibilities, including the provision of good and safe working conditions, and the requirement that all employees would maintain proper standards of integrity, conduct and concern with regard to the wellbeing of students attending the ins...