Search Results

1. [2009] NZEmpC AC 2A/09 Lewis v Howick College Board of Trustees [pdf, 60 KB]

   ...claims. I received Mr Lewis’s written complaint which deals with the manner of his treatment by the Employment Relations Authority during its investigation. I forwarded a copy of the complaint to the Chief of the Authority and invited his written response. This was received and passed on to Mr Lewis. Then, conscious of Mr Lewis’s challenge in this Court, I invited the plaintiff and the Chief of the Authority to agree that my inquiries would be put on hold until after the mer...

2. [2006] NZEmpC AC 55/06 Downey v NZ Greyhound Racing Assoc Inc [pdf, 80 KB]

   ...for services. Legal consequences flow from whichever status applies. The matter is now pertinent because whatever his status, Mr Downey had his position terminated on 20 July 2004. [2] Greyhound Racing, the defendant, is the entity responsible for the control and regulation of greyhound racing throughout New Zealand. It is one of three such bodies in New Zealand. The other two are Harness Racing New Zealand Inc (Harness Racing) and New Zealand Thoroughbred Racing Inc...

3. Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust (2013) 306 Aotea MB 175 (306 AOT 175) [pdf, 114 KB]

   ...Mr Henare impressed me as straight forward and honest in his responses to questions. It is clear from the minutes that he personally preferred a deferral of a decision around Mr Taueki’s occupation (he abstained). He nonetheless saw it as his responsibility as Chairman to give effect to the trustees’ decision. It is to his credit that the other trustees saw him as the best person to approach Mr Taueki. Mr Henare did alert Mr Taueki to the resolution some time before he arrived on...

4. [2013] NZEmpC 106 Pacific Flight Catering Ltd v Service and Food Workers Union [pdf, 160 KB]

   ...Mr Oldfield was acting on behalf of LSG and whether one of SFWU’s members had requested the information. She indicated that she had given all the payroll information to LSG the previous week. No further information was provided in response to Mr Oldfield’s letter. (d) On 16 March 2011 Ms Park wrote to PFCL. She sensibly indicated that she was then presently setting up records for the new employees for LSG. She requested information concerning the employees. She...

5. Edwards v Tatere - Mangatainoka No 1BC No2C (2012) 15 Takitimu MB 204 (15 TKT 204) [pdf, 205 KB]

   ...[56] Given the special nature of a Māori land trust, the Court may take into consideration the views of the owners and the nature of the trust in judging whether there has been satisfactory performance. 12 [57] Section 223 sets out specific responsibilities for Māori land trustees. They are responsible for: (a) Carrying out the terms of the trust; (b) The proper administration and management of the business of the trust; (c) The preservation of assets of the trust; and (...

6. Pue v Tapatu - Okawa A1B (2011) 268 Aotea MB 93 (268 AOT 93) [pdf, 165 KB]

   ...not to on more than one occasion. As foreshadowed they refuse to remove their property from the land and have failed to attend hearings and site inspections despite being provided with every opportunity. Mediation has also been proposed but no response has been received other than a purported reliance on adverse possession. The trustees of Okawa A1B are therefore entitled to the issue of an injunction and accordingly the application is granted. [46] This approach is consistent wi...

7. Legal aid criminal proceedings steps [pdf, 426 KB]

   ...Reporting to client Reporting to and invoicing for Legal Aid Preparation of application (by new counsel) up to 6 hours Hearing Actual hours For Attending hearing – including waiting time (see Granting Notes) Step 1(b): Preparation of response to application for Leave to Appeal Activity Guideline Hours Tasks normally covered by Guideline Hours Preparation of response (by trial or prior appeal counsel) up to 3 hours For Taking instructions, attending the client I...

8. CAC306 v Zhou & Anor [2016] NZREADT 12 [pdf, 212 KB]

   ...is genuinely remorseful and voluntarily suspended his licence as an estate agent at the end of February 2014. Also, he has been willing to repay the portion of the commission he received from Mr She over 34 Diana Road and, of course, he accepted responsibility for his conduct from the outset and pleaded guilty to all the charges laid against him. Mr Laubscher submits that there has been no financial loss caused by Mr Zhou who is unlikely to present any ongoing risk to consumers in the...

9. CA v XU LCRO 196 / 2010 (18 May 2011) [pdf, 157 KB]

   ...If that were the case, the Respondent should have declined to act. [38] A leading case which considered this issue is that of Clark Boyce v Mouat, [1993] 3 NZLR 641(PC). This case is discussed by Duncan Webb in his text, Ethics, Professional Responsibility and the Lawyer (second edition). At page 243, Dr Webb 7 notes that in that case, Mrs Mouat had given her consent to the lawyer acting for both herself and her son. He then goes on to say: This was evidenced by a letter...

10. Potae v ACC [2014] NZACA 5 [pdf, 65 KB]

    ...was treated from May 1989, was asked by ACC to prepare a report for the review. The relevant parts of the report dated 30 December 1991 are repeated below: As indicated, I had perused the file for Dr J Newman who had been the paediatrician responsible for Hiria's management in Princess Mary 5 Hospital in May 1989, and subsequently, as indicated in Dr Newman's letter of 23/4/91, saw little correlation in time or in consequence between immunization and the condi...