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1. Wellington Standards Committee v Hall [2012] NZLCDT 7 [pdf, 117 KB]

   ...of Tauhara 15 were experienced trustees. 9.3 There was no loss occasioned by the transaction. 9.4 There is such a commonality of interest as to negate any allegation of conflict. [10] For completeness the Society’s response is as follows: 10.1 A conflict did exist. 10.2 Such conflict was not cured by independent advice, as Ms Hall advised Tauhara 15 that that advice was wrong, she further invited them to reject that advice and gave active advice as to the merits of the transa...

2. LCRO 88/2023 VG v FB and SS (30 July 2024) [pdf, 186 KB]

   ...issues, being his concern that Mr FB had accepted instructions in circumstances where Mr VG considered that Mr FB would have been aware that he would not be able to complete the retainer, and concern that Ms SS had failed to consider his complaints. [101] Mr VG did not seek to review the complaints he had raised regarding concerns that Mr FB had, when initially representing him on a number of matters, failed to adequately inform him about escalating fees and charged fees that were excess...

3. LCRO 103/2020 ZA - Application for review of a prosecutorial decision (24 August 2020) [pdf, 212 KB]

   ...abuse of process. [100] I am satisfied that argument cannot be sustained that Mr ZA had suffered an abuse of process. Did Mr Hesketh’s decision of 8 January 2020 consider, as a conduct matter, issues arising from Mr ZA’s WhatsApp message? [101] No. [102] It is clear from a reading of Mr Hesketh’s decision that the question as to whether Mr ZA’s WhatsApp message raised conduct issues played no part in his deliberations. [103] His decision focuses on the concerns that we...

4. [2021] NZEmpC 168 Juyi International Ltd v Pan [pdf, 283 KB]

   ...may have been filed. [99] Mr Pan’s challenge is also dismissed. [100] Pursuant to s 183(2) of the Act, the Authority’s determination on the issues I have reviewed is set aside and this judgment replaces it in those respects. [101] I reserve costs. Given the mixed outcome, it may be appropriate for costs to lie where they fall. However, if either party chooses to seek a contribution to costs incurred, they may do so within 28 days, with a response given 14 days ther...

5. [2023] NZIACDT 5 - SM v KIM (15 February 2023) [pdf, 253 KB]

   ...Disciplinary Tribunal [2017] NZHC 376 at [93]. 8 Section 50. 9 Section 51(1). 10 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151]. 11 Z v Dental Complaints Assessment Committee, above n 10, at [97], [101]–[102] & [112]. 12 This is an email address used by Wealand International’s for its recruitment business. 10 From the adviser [52] There is an amended statement of reply (3 August 2022) from Mr Kim, with further su...

6. OIA-109743.pdf [pdf, 2.4 MB]

   ...work can be undertaken and therefore how we use our property and other assets.  Richer quality data to gain deeper insights to inform policy and redesign choices. Scope of the Investment 10. Te Au Reka delivers modern capability in: 10.1. Online portals – supporting participants to file, pay, and track the progression of their case. Where appropriate they will be able to access court documents and those filed by other parties; providing them with a single trusted source of...

7. [2023] NZEmpC 2 The NZ Tertiary Education Union Te Hautu Kahurangi O Aotearoa Inc v Vice Chancellor of the Auckland University of Technology [pdf, 259 KB]

   ...the orders into context it is necessary to briefly consider the relevant provisions of the collective agreement. The collective agreement is operative from 1 July 2021 to 30 June 2022.4 Part 10 deals with organisational change. [12] Clause 10.1 provides for consultation. Clause 10.3 deals with surplus staffing and how to identify it. Under cl 10.3.1 surplus staffing is defined as existing when, as a result of a reduction in funding, organisational changes or “other identified...

8. LCRO 40/2023 DG v [Area] Standards Committee [X] (13 March 2024) [pdf, 497 KB]

   ...firm advised that the applicant would raise with the Partner his retirement from the trustee role. [72] The matter was clearly expressed in that way because the applicant could not unilaterally retire. The retirement of trustees is governed by s 101 of the Trusts Act 2019. Trust B had two trustees (the Partner and the applicant) and the trust deed did not give any person the power to remove trustees. [73] In those circumstances, the applicant could retire only if the Partner, as t...

9. LCRO 28/2024 EB v FI (30 May 2024) [pdf, 190 KB]

   ...argued to be a “dealing with” the applicant) and partly one of an arguable lack of courtesy in allegedly turning up without notice or other prior communication at the applicant’s place of work with important legal documents to sign. 3 Rules 10.1 and 12 of the Rules. 9 (d) Is there evidence that the respondent breached any such duty? [35] I am not necessarily surprised that a lawyer would accept instructions from one of two spouses to prepare mutual EPAs. I have no inform...

10. Supplementary Report on Claim by David Cullen Bain for Compensation for Wrongful Conviction and Imprisonment [pdf, 861 KB]

    ...and answer. It would be neither productive nor possible to set out, or indeed refer to all of the evidence which has been given in the various stages of the case. Factually, what the Crown says in its last set of submissions at paragraphs 98 to 101 is correct. Arguments of the Applicant 26. I offer no comment upon this paragraph. 27. I offer no comment upon this paragraph. 28. I offer no comment upon this paragraph. 29. I offer no comment upon this paragraph. 29.1 I offer no...