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1. [2009] NZEmpC WC 16/09 Tsoupakis V Fendalton Construction Ltd [pdf, 51 KB]

   ...relationship between them. (3) For the purposes of subsection (2), the Court or the Authority— (a) must consider all relevant matters, including any matters that indicate the intention of the persons; and (b) is not to treat as a determining matter any statement by the persons that describes the nature of their relationship. (4) Subsections (2) and (3) do not limit or affect the Real Estate Agents Act 1976 or the Sharemilking Agreements Act 1937. (5) The Court may, on the applica...

2. [2013] NZEmpC 34 Baker v St John Central Regional Trust Board [pdf, 102 KB]

   ...Semmens and a change was made to the roster, to reflect availability on a four nights on/four nights off basis. The roster also included reference to permanent employees. Mr Semmens was not available to give evidence (having passed away) but his statement in the Authority was admitted by consent. His statement records that: Although the roster board contains an overview of the month, it can change at any time. In the case of casuals and volunteers, even if their name is on th...

3. Brooks v CAC 20002 & Anor [2013] NZREADT 112 [pdf, 138 KB]

   ...the time of signing the sale and purchase agreement with the complainant, that when he purchased the property himself he had been told to “enjoy the view while you can because it is not going to last”. [11] The Committee considered that these statements should have alerted the licensee to the possibility that there could be building work on a front site which would affect views from the property at 151C Clovelly Road, Bucklands Beach, in the future. [12] The licensee denied that...

4. Family legal aid response to consultation [pdf, 565 KB]

   ...Client’s payslips for the previous three months o A letter from Work and Income New Zealand that informs the client of their benefit entitlements o A letter from their employer o Client’s tax return for the relevant financial year o Client’s bank statement that shows income for the previous three months. Clients who have no source of income will be required to prove this, or declare how they have supported themselves for the previous three months. Clients who have an income b...

5. KB v JR LCRO 246/2012 (20 May 2014) [pdf, 175 KB]

   ...proper context, legal services may be an incident of estate and trust administration, but not the reverse. (e) Ultimately, the supervision of the administration of an estate or a trust lies with the High Court. There would have to be a very clear statement that Parliament intended the disciplinary processes governing legal practitioners should cut across that supervision of the High Court. (f) Although excluded from legal services and therefore section 7(1)(a), misconduct in the...

6. VW v AR LCRO 110 / 2012 (12 December 2012) [pdf, 146 KB]

   ...significance, in his letter the Practitioner added a condition that had not been part of the Applicant’s written instructions: namely that the purchase was conditional upon the Applicant’s accountants “being satisfied with vendor’s financial statements for previous two years.” This was clearly added on the Practitioner’s initiative, to address the Applicant’s concerns about the lack of access to the vendor’s books. [32] There was no immediate response to the Practitio...

7. OL v RY LCRO 261/14 (16 March 2016) [pdf, 185 KB]

   ...Subsequently Mr OL advised that he was not going to be providing any further submissions (which he had previously indicated would be forthcoming) and Dr CA advised his request for documents was withdrawn. [15] Both parties also provided their consent pursuant to s 206(2) of the Act to this review being completed on the material to hand. I will now address each of the penalties imposed by the Committee. Compensation for stress and anxiety [16] The Standards Committee ordered Mr...

8. LCRO 150/2018 LO v RS, NL and TA (28 June 2019) [pdf, 198 KB]

   ...deemed to have accepted the terms of this Letter of Engagement. … If you decide that you do not require our firm to act on your behalf, please inform us promptly…. [Emphasis added]. [58] In July 2016, Mr TA wrote further to Mr LO, attaching a statement and an invoice. [59] Mr TA’s invoice was for $624.47. This included GST and office services. The fee component was $502.80. It was for attendances in relation to instructing Ms NL. [60] As indicated, Mr TA’s letters of en...

9. [2021] NZEmpC 200 Best Health Foods Ltd v Zhou [pdf, 226 KB]

   ...significant errors, that there could be difficulty with the Inland Revenue Department. In this case, Mr Zhou did not file GST returns and there was no evidence that the information he processed was used in one. Nor did Mr Zhou prepare any financial statements, relying on the uncorrected data, that might have been tendered to a third party such as a bank. [32] Mr Balloch said that once the data has been entered in Xero, it is usual for it to be reviewed and compared against other...

10. [2023] NZEnvC 011 Airbnb Australia PTY Limited v Queenstown Lakes District Council [pdf, 15 MB]

    AIRBNB AUSTRALIA PTY LIMITED & ORS v QLDC – TOPICS 29 & 30 SUBTOPIC 9 – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 11 IN THE MATTER of the Resource Management Act 1991 AND of appeals under clause 14 of the First Schedule of the Act BETWEEN AIRBNB AUSTRALIA PTY LIMITED (ENV-2020-CHC-61) … (continued on separate page) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Responden