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1. Senadipathi & Xavier v Sampang [2015] NZIACDT 43 (20 April 2015) [pdf, 95 KB]

   ...complainant’s request for a visa under section 61, he advised her of her options; but failed to confirm the advice in writing. [6.3.2] He accordingly failed to comply with his obligation to record details of a material discussion with his client. The responses [7] Mr Sampang did not file a statement of reply; he was not required to do so if he accepted the contents of the Statement of Complaint. [8] The complainants did file a statement of reply. They agreed with the contents of t...

2. [2014] NZEmpC 141 Hally Labels Ltd v Powell oral judgment [pdf, 72 KB]

   ...the five day hearing ended on 4 April 2014. The application, which is for further discovery and inspection, was not filed until 27 June 2014, and even then unsupported by affidavit evidence. Such affidavit evidence in support was only filed in response to the opposition and evidence filed by the plaintiff. The defendant’s position in respect of these documents was clear when the earlier hearing concluded on 4 April 2014. [5] In order to give some urgency to the application, I...

3. [2015] NZEmpC 215 Rimmer v Carter Holt Harvey Ltd interlocutory [pdf, 160 KB]

   ...2000 (the Act). As such, it would not substantially help the Court and is therefore not admissible under s 25 of the Evidence Act 2006 (the EA). [9] On receipt of the application, I issued a minute establishing a timetable for Mr Rimmer’s response. On 2 December 2015, Mr Acland, counsel for Mr Rimmer, filed an amended brief of evidence for Mr Cosman, together with submissions opposing the objection. [10] It is apparent from the amended brief of evidence that many stat...

4. LOW Kenneth David (CSU 2010 WGN 000580) [pdf, 70 KB]

   ...of the factors that have contributed towards how alcohol was consumed in the city. Evidence of Ms Alison Curtis: [19] The Court heard evidence from Ms Curtis, who is employed by the Wellington City Council as manager of public health. She is responsible for the management of the City Council’s public health regulatory activities that include the liquor licensing team. Ms Curtis provided the Court with a 6 detailed and very helpful report that outlined the process for g...

5. ENVC Matiatia expert witness traffic and transport 2014 [pdf, 264 KB]

   ...application. b. The experts agree that a construction traffic management plan (CTMP) is required to ensure proper management of construction traffic effects. The experts acknowledge that Auckland Transport is the authority that is charged with the responsibility for assessing and approving the CTMP. c. A draft CTMP is set out in the transportation assessment that accompanied the application. In addition, the final CTMP should address measures to: i. minimise effects on public tran...

6. Zuo v CAC306 & Ors [2015] NZREADT 20 [pdf, 134 KB]

   ...the level of price feedback they had received they would tell people that the price feedback should be in the $700,000s to avoid misleading people who thought they might be able to secure the property for the $600,000 level. She said her standard response when a pre-auction offer is made is that an unconditional offer of an acceptable amount had been made to the vendor, who is bringing the auction forward. This offer would be the opening bid and the reserve. She said that the price feed...

7. [2015] NZEmpC 65 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 120 KB]

   ...not limited to the HR Manager, Gerda Gorgner, Terry Hay, Director, the 4 Supervisors, Karen Sullivan, Tara Patel, James, and Elizabeth Ramotu, the Executive Chef, Keith Munt or Sous Chef Rudy or Cyril Belk or any other Supervisor or Manager responsible for Ms Alim’s employment. This should include any correspondence relating to her alleged promotion to Supervisor, and the artificial inflation of Ms Alim’s pay and leave records that is alleged to have occurred on or around 31...

8. BM v YI LCRO 124 / 2010 (7 April 2011) [pdf, 96 KB]

   ...Applicant readily acknowledges that there is nothing that he can produce to support his view of the Respondent’s conduct. [30] Neither do negligence or errors of judgment amount to misconduct. As noted by Duncan Webb in his text Ethics, Professional Responsibility and the Lawyer (2nd Edition) at page 128, the author notes: “Conduct which amounts to mere negligence 1 or an error of judgment 2 will not be misconduct. The basis for such a view is that such negligence or erro...

9. GB v PW LCRO 140/2012 (13 August 2014) [pdf, 142 KB]

   ...reasonable care. 10 A lawyer must promote and maintain proper standards of professionalism in the lawyer’s dealings. [17] Ms GB’s conduct was also considered to be unacceptable when measured against the standards of “competent, ethical and responsible practitioners”,7 which is a reference to the test for unsatisfactory conduct by way of conduct unbecoming in s 12(b)(ii) of the Act. [18] There is nothing unreasonable in any of the Committee’s findings, all of which are...

10. Keepa v Vercoe - Ruatoki B92 [2015] Māori Appellate Court MB 189 (2015 APPEAL 189) [pdf, 251 KB]

    ...and B (2002) 6 Taitokerau Appellate Court MB 32-45 8 Tito – Mangakahia 2B2 No 2A1A [2011] Māori Appellate Court MB 86-101 (2011 APPEAL 86-101) 2015 Māori Appellate Court MB 194 [16] Such concerns appear to be well founded. Mr Keepa’s response to Judge Savage indicated that he not only failed to understand the nature of the obligations he owes as a trustee, he also refused to recognise that the other owners have an interest in the block. It also appears that Mr Keepa has...